Sen. John F. Curran
Filed: 5/13/2021
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1 | AMENDMENT TO SENATE BILL 1350
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2 | AMENDMENT NO. ______. Amend Senate Bill 1350 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Governmental Ethics Act is | ||||||
5 | amended by changing Sections 1-109, 1-110, 2-101, 4A-102, | ||||||
6 | 4A-103, and 4A-108 and by adding Sections 1-102.5, 1-104.3, | ||||||
7 | 1-104.4, 1-104.5, 1-105.2, 1-105.3, 1-105.4, 1-105.5, 1-105.6, | ||||||
8 | 1-105.7, 1-112.5, 1-113.6, 1-113.7, 2-115, and 3A-50 as | ||||||
9 | follows: | ||||||
10 | (5 ILCS 420/1-102.5 new) | ||||||
11 | Sec. 1-102.5. Asset. "Asset" means, for the purposes of | ||||||
12 | Sections 4A-102 and 4A-103, an item that is owned and has | ||||||
13 | monetary value. For the purposes of Sections 4A-102 and | ||||||
14 | 4A-103, assets include, but are not limited to: stocks, bonds | ||||||
15 | (except those issued by the federal, state, or local | ||||||
16 | governments), sector mutual funds, sector exchange traded |
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1 | funds, commodity futures, investment real estate, and | ||||||
2 | partnership interests. For the purposes of Sections 4A-102 and | ||||||
3 | 4A-103, assets do not include: personal residences; personal | ||||||
4 | vehicles; savings or checking accounts; bonds, notes, or | ||||||
5 | securities issued by any branch of federal, state, or local | ||||||
6 | government; Medicare benefits; inheritances or bequests; | ||||||
7 | diversified mutual funds; annuities; pensions (including | ||||||
8 | government pensions); retirement accounts; college savings | ||||||
9 | plans that are qualified tuition plans; qualified | ||||||
10 | tax-advantaged savings programs that allow individuals to save | ||||||
11 | for disability-related expenses; non-income producing trust | ||||||
12 | holdings; or tangible personal property. | ||||||
13 | (5 ILCS 420/1-104.3 new) | ||||||
14 | Sec. 1-104.3. Creditor. "Creditor" means, for the purposes | ||||||
15 | of Sections 4A-102 and 4A-103, an individual, organization, or | ||||||
16 | other business entity to whom money or its equivalent is owed, | ||||||
17 | no matter whether that obligation is secured or unsecured, | ||||||
18 | except that if a filer makes a loan to members of his or her | ||||||
19 | family, or a political committee registered with the Illinois | ||||||
20 | State Board of Election, or a political committee, principal | ||||||
21 | campaign committee, or authorized committee registered with | ||||||
22 | the Federal Election Commission, then that filer does not, by | ||||||
23 | making such a loan, become a creditor of that individual or | ||||||
24 | entity for the purposes of Sections 4A-102 and 4A-103 of this | ||||||
25 | Act. |
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1 | (5 ILCS 420/1-104.4 new) | ||||||
2 | Sec. 1-104.4. Debt. "Debt" means, for the purposes of | ||||||
3 | Sections 4A-102 and 4A-103, any money or monetary obligation | ||||||
4 | owed at any time during the preceding calendar year to an | ||||||
5 | individual, company, or other organization, other than a loan | ||||||
6 | that is from a financial institution, government agency, or | ||||||
7 | business entity and that is granted on terms made available to | ||||||
8 | the general public. For the purposes of Sections 4A-102 and | ||||||
9 | 4A-103, "debt" includes, but is not limited to: personal loans | ||||||
10 | from friends or business associates, business loans made | ||||||
11 | outside the lender's regular course of business, and loans | ||||||
12 | made at below market rates. For the purposes of Sections | ||||||
13 | 4A-102 and 4A-103, "debt" does not include: (i) debts to or | ||||||
14 | from financial institutions or government entities, such as | ||||||
15 | mortgages, student loans, credit card debts, or loans secured | ||||||
16 | by automobiles, household furniture, or appliances, as long as | ||||||
17 | those loans were made on terms available to the general public | ||||||
18 | and do not exceed the purchase price of the items securing | ||||||
19 | them; or (ii) debts to or from a political committee | ||||||
20 | registered with the Illinois State Board of Elections or | ||||||
21 | political committees, principal campaign committees, or | ||||||
22 | authorized committees registered with the Federal Election | ||||||
23 | Commission. | ||||||
24 | (5 ILCS 420/1-104.5 new) |
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1 | Sec. 1-104.5. Diversified funds. "Diversified funds" means | ||||||
2 | investment products, such as mutual funds, exchange traded | ||||||
3 | funds, or unit investment trusts, that invest in a wide | ||||||
4 | variety of securities. | ||||||
5 | (5 ILCS 420/1-105.2 new) | ||||||
6 | Sec. 1-105.2. Economic relationship. "Economic | ||||||
7 | relationship" means, for the purposes of Sections 4A-102 and | ||||||
8 | 4A-103, any joint or shared ownership interests in businesses | ||||||
9 | and creditor-debtor relationships with third parties, other | ||||||
10 | than commercial lending institutions, where: (a) the filer is | ||||||
11 | entitled to receive (i) more than 7.5% of the total | ||||||
12 | distributable income, or (ii) an amount in excess of the | ||||||
13 | salary of the Governor; or (b) the filer together with his or | ||||||
14 | her spouse or minor children is entitled to receive (i) more | ||||||
15 | than 15%, in the aggregate, of the total distributable income, | ||||||
16 | or (ii) an amount in excess of 2 times the salary of the | ||||||
17 | Governor. | ||||||
18 | (5 ILCS 420/1-105.3 new) | ||||||
19 | Sec. 1-105.3. Family. "Family" means, for the purposes of | ||||||
20 | Sections 4A-102 and 4A-103, a filer's spouse, children, | ||||||
21 | step-children, parents, step-parents, siblings, | ||||||
22 | step-siblings, half-siblings, sons-in-law, daughters-in-law, | ||||||
23 | grandfathers, grandmothers, grandsons, and granddaughters, as | ||||||
24 | well as the father, mother, grandfather, and grandmother of |
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1 | the filer's spouse. | ||||||
2 | (5 ILCS 420/1-105.4 new) | ||||||
3 | Sec. 1-105.4. Immediate family. "Immediate family" means, | ||||||
4 | for the purposes of Sections 4A-102 and 4A-103, family of the | ||||||
5 | filer living in the filer's residence. | ||||||
6 | (5 ILCS 420/1-105.5 new) | ||||||
7 | Sec. 1-105.5. Filer. "Filer" means, for the purposes of | ||||||
8 | Section 4A-102 and 4A-103, a person required to file a | ||||||
9 | statement of economic interests pursuant to this Act. | ||||||
10 | (5 ILCS 420/1-105.6 new) | ||||||
11 | Sec. 1-105.6. Income. "Income" means, for the purposes of | ||||||
12 | Sections 4A-102 and 4A-103, income from whatever source | ||||||
13 | derived, required to be reported on the filer's federal income | ||||||
14 | tax return, including, but not limited to: compensation | ||||||
15 | received for services rendered or to be rendered (as reported | ||||||
16 | on any Internal Revenue Service forms, including, but not | ||||||
17 | limited to, W-2, 1099, or K-1); earnings or capital gains from | ||||||
18 | the sale of assets; profit; interest or dividend income from | ||||||
19 | all assets; revenue from leases and rentals, royalties, | ||||||
20 | prizes, awards, or barter; forgiveness of debt; and earnings | ||||||
21 | derived from annuities or trusts other than testamentary | ||||||
22 | trusts. "Income" does not include compensation earned for | ||||||
23 | service in the position that necessitates the filing of the |
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1 | statement of economic interests or income from the sale of a | ||||||
2 | personal residence or personal vehicle. | ||||||
3 | (5 ILCS 420/1-105.7 new) | ||||||
4 | Sec. 1-105.7. Investment real estate. "Investment real | ||||||
5 | estate" means any real property, other than a filer's personal | ||||||
6 | residences, purchased to produce a profit, whether from income | ||||||
7 | or resale. Investment real estate may be described by the city | ||||||
8 | and state where the real estate is located.
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9 | (5 ILCS 420/1-109) (from Ch. 127, par. 601-109)
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10 | Sec. 1-109.
"Lobbying" means : (1) promoting or opposing in | ||||||
11 | any manner the
passage by the General Assembly of any | ||||||
12 | legislative matter affecting the
interests of any individual, | ||||||
13 | association or corporation as distinct from
those of the | ||||||
14 | people of the State as a whole ; (2) any communication with an | ||||||
15 | official of the executive or legislative branch of State | ||||||
16 | government, as defined under subsection (c) of Section 2 of | ||||||
17 | the Lobbyist Registration Act, for the ultimate purpose of | ||||||
18 | influencing any executive, legislative, or administrative | ||||||
19 | action; or (3) any communication with an official of a unit of | ||||||
20 | local government for the ultimate purpose of influencing any | ||||||
21 | official action of the unit of local government .
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22 | (Source: Laws 1967, p. 3401.)
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23 | (5 ILCS 420/1-110) (from Ch. 127, par. 601-110)
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1 | Sec. 1-110.
"Lobbyist" means an individual who is required | ||||||
2 | to be registered to engage in lobbying activities pursuant to | ||||||
3 | any statute, regulation, or ordinance adopted by a unit of | ||||||
4 | government in the State of Illinois any person required to be | ||||||
5 | registered under
"An Act concerning lobbying and providing a | ||||||
6 | penalty for violation thereof",
approved July 10, 1957, as | ||||||
7 | amended .
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8 | (Source: Laws 1967, p. 3401.)
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9 | (5 ILCS 420/1-112.5 new) | ||||||
10 | Sec. 1-112.5. Personal residence. "Personal residence" | ||||||
11 | means, for the purposes of Sections 4A-102 and 4A-103, a | ||||||
12 | filer's primary home residence and any residential real | ||||||
13 | property held by the filer and used by the filer for | ||||||
14 | residential rather than commercial or income generating | ||||||
15 | purposes. | ||||||
16 | (5 ILCS 420/1-113.6 new) | ||||||
17 | Sec. 1-113.6. Sector funds. "Sector funds" means mutual | ||||||
18 | funds or exchange traded funds invested in a particular | ||||||
19 | industry or business. | ||||||
20 | (5 ILCS 420/1-113.7 new) | ||||||
21 | Sec. 1-113.7. Spouse. "Spouse" means a party to a | ||||||
22 | marriage, a party to a civil union, or a registered domestic | ||||||
23 | partner.
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1 | (5 ILCS 420/2-101) (from Ch. 127, par. 602-101)
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2 | Sec. 2-101.
No member of the General Assembly, his or her | ||||||
3 | spouse, or any immediate family member living with that member | ||||||
4 | of the General Assembly legislator may engage in lobbying, as | ||||||
5 | that term is defined
in Section 1-109, if he or she accepts | ||||||
6 | compensation specifically attributable
to such lobbying, other | ||||||
7 | than that provided by law for members of the
General Assembly. | ||||||
8 | Nothing in this Section prohibits a member of the General | ||||||
9 | Assembly, his or her spouse, or any immediate family member | ||||||
10 | living with that member of the General Assembly legislator | ||||||
11 | from
lobbying without compensation or lobbying as part of his | ||||||
12 | or her official duties as a member of the General Assembly .
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13 | A violation of this Section shall constitute a Class 3 | ||||||
14 | felony A misdemeanor .
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15 | (Source: P.A. 77-2830.)
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16 | (5 ILCS 420/2-115 new) | ||||||
17 | Sec. 2-115. Future employment with lobbying entity. No | ||||||
18 | legislator may, during his or her term of office, negotiate | ||||||
19 | for employment with a lobbying entity, as that term is defined | ||||||
20 | in Section 2 of the Lobbyist Registration Act, if that | ||||||
21 | lobbying entity engages in lobbying with members of the | ||||||
22 | General Assembly during the legislator's term of office. | ||||||
23 | (5 ILCS 420/3A-50 new) |
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1 | Sec. 3A-50. Political activity. No person whose | ||||||
2 | appointment requires the advice and consent of the Senate | ||||||
3 | shall: (1) serve as an officer of a candidate political | ||||||
4 | committee; or (2) be a candidate who is designated as the | ||||||
5 | candidate to be supported by a candidate political committee. | ||||||
6 | A person whose appointment requires the advice and consent of | ||||||
7 | the Senate who is either an officer of a candidate political | ||||||
8 | committee or a candidate who is designated as the candidate to | ||||||
9 | be supported by a candidate political committee shall within | ||||||
10 | 30 days after confirmation by the Senate: (i) resign as an | ||||||
11 | officer of the candidate political committee; (ii) have his or | ||||||
12 | her name removed as the candidate to be supported by a | ||||||
13 | candidate political committee; (iii) notify the State Board of | ||||||
14 | Elections of the person's intent to convert the candidate | ||||||
15 | political committee to a limited activity committee under | ||||||
16 | Section 9-1.8 of the Election Code and complete the transition | ||||||
17 | to a limited activity committee within 60 days after | ||||||
18 | confirmation; or (iv) dissolve the candidate political | ||||||
19 | committee. A person whose appointment requires the advice and | ||||||
20 | consent of the Senate who is in violation of this Section on | ||||||
21 | the effective date of this amendatory Act of the 102nd General | ||||||
22 | Assembly must come into compliance within 30 days after the | ||||||
23 | effective date of this amendatory Act of the 102nd General | ||||||
24 | Assembly. As used in this Section, "candidate political | ||||||
25 | committee" has the meaning given to that term in Section 9-1.8 | ||||||
26 | of the Election Code in which the person subject to |
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1 | confirmation by the Senate is designated as the candidate to | ||||||
2 | be supported by the candidate political committee under | ||||||
3 | Section 9-2 of the Code. | ||||||
4 | (5 ILCS 420/4A-102) (from Ch. 127, par. 604A-102)
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5 | Sec. 4A-102. The statement of economic interests required | ||||||
6 | by this Article
shall include the economic interests of the | ||||||
7 | person making the statement as
provided in this Section. The | ||||||
8 | following interests shall be listed by all persons required to | ||||||
9 | file: | ||||||
10 | (1) each asset that has a value of more than $25,000 as | ||||||
11 | of the end of the preceding calendar year and is: (i) held | ||||||
12 | in the filer's name, (ii) held jointly by the filer with | ||||||
13 | his or her spouse, or (iii) held jointly by the filer with | ||||||
14 | his or her minor child or children; | ||||||
15 | (2) excluding the income from the position that | ||||||
16 | requires the filing of a statement of economic interests | ||||||
17 | under this Act, each source of income that generated in | ||||||
18 | excess of $10,000 in income during the preceding calendar | ||||||
19 | year (as reported on the filer's federal income tax return | ||||||
20 | covering the preceding calendar year), including a general | ||||||
21 | description of the type of services provided in that | ||||||
22 | source of income, and, if the sale or transfer of an asset | ||||||
23 | produced more than $10,000 in capital gains during the | ||||||
24 | preceding calendar year, the transaction date on which | ||||||
25 | that asset was sold or transferred; |
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1 | (3) each creditor of a debt in excess of $25,000 that, | ||||||
2 | during the preceding calendar year, was: (i) owed by the | ||||||
3 | filer, (ii) owed jointly by the filer with his or her | ||||||
4 | spouse, or (iii) owed jointly by the filer with his or her | ||||||
5 | minor child or children; | ||||||
6 | (4) each debtor of a debt in excess of $25,000 that, | ||||||
7 | during the preceding calendar year, was: (i) owed to the | ||||||
8 | filer, (ii) owed jointly to the filer with his or her | ||||||
9 | spouse, or (iii) owed jointly to the filer with his or her | ||||||
10 | minor child or children; | ||||||
11 | (5) each lobbyist known to the filer to be registered | ||||||
12 | with any unit of government in the State of Illinois: (i) | ||||||
13 | with whom the filer maintains an economic relationship, or | ||||||
14 | (ii) who is a member of the filer's immediate family; and | ||||||
15 | (6) each source and type of gift or gifts, or | ||||||
16 | honorarium or honoraria, valued singly or in the aggregate | ||||||
17 | in excess of $1,000 that was received during the preceding | ||||||
18 | calendar year. | ||||||
19 | For the purposes of this Section, the unit of local | ||||||
20 | government in relation to which a person is required to file | ||||||
21 | under item (o) of Section 4A-101 shall be the unit of local | ||||||
22 | government that contributes to the pension fund of which such | ||||||
23 | person is a member of the board. | ||||||
24 | The interest (if constructively controlled by the
person | ||||||
25 | making the statement) of a spouse or any other party, shall be
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26 | considered to be the same as the interest of the person making |
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1 | the
statement. Campaign receipts shall not be included in this | ||||||
2 | statement.
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3 | (a) The following interests shall be listed by all | ||||||
4 | persons required to
file:
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5 | (1) The name, address and type of practice of any | ||||||
6 | professional
organization or individual professional | ||||||
7 | practice in which the person making
the statement was | ||||||
8 | an officer, director, associate, partner or | ||||||
9 | proprietor,
or served in any advisory capacity, from | ||||||
10 | which income in excess of $1200
was derived during the | ||||||
11 | preceding calendar year;
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12 | (2) The nature of professional services (other | ||||||
13 | than services rendered to
the unit or units of | ||||||
14 | government in relation to which the person is required
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15 | to file)
and the nature of the entity to which they | ||||||
16 | were rendered if fees exceeding
$5,000 were received | ||||||
17 | during the preceding calendar year from the entity for
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18 | professional services rendered by the person making | ||||||
19 | the statement.
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20 | (3) The identity (including the address or legal | ||||||
21 | description of real
estate) of any capital asset from | ||||||
22 | which a capital gain of $5,000 or more
was realized in | ||||||
23 | the preceding calendar year.
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24 | (4) The name of any unit of government which has | ||||||
25 | employed the person
making the statement during the | ||||||
26 | preceding calendar year other than the unit
or units |
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1 | of government in relation to which the person is | ||||||
2 | required to file.
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3 | (5) The name of any entity from which a gift or | ||||||
4 | gifts, or honorarium or
honoraria, valued singly or in | ||||||
5 | the aggregate in excess of $500, was
received during | ||||||
6 | the preceding calendar year.
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7 | (b) The following interests shall also be listed by | ||||||
8 | persons listed in
items (a) through (f), item (l), item | ||||||
9 | (n), and item (p) of Section 4A-101:
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10 | (1) The name and instrument of ownership in any | ||||||
11 | entity doing business in
the State of Illinois, in | ||||||
12 | which an ownership interest held by the person at
the | ||||||
13 | date of filing is in excess of $5,000 fair market value | ||||||
14 | or from which
dividends of in excess of $1,200 were | ||||||
15 | derived during the preceding calendar
year. (In the | ||||||
16 | case of real estate, location thereof shall be listed | ||||||
17 | by
street address, or if none, then by legal | ||||||
18 | description). No time or demand
deposit in a financial | ||||||
19 | institution, nor any debt instrument need be listed;
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20 | (2) Except for professional service entities, the | ||||||
21 | name of any entity and
any position held therein from | ||||||
22 | which income of in excess of $1,200 was
derived during | ||||||
23 | the preceding calendar year, if the entity does | ||||||
24 | business in
the State of Illinois. No time or demand | ||||||
25 | deposit in a financial
institution, nor any debt | ||||||
26 | instrument need be listed.
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1 | (3) The identity of any compensated lobbyist with | ||||||
2 | whom the person making
the statement maintains a close | ||||||
3 | economic association, including the name of
the | ||||||
4 | lobbyist and specifying the legislative matter or | ||||||
5 | matters which are the
object of the lobbying activity, | ||||||
6 | and describing the general type of
economic activity | ||||||
7 | of the client or principal on whose behalf that person | ||||||
8 | is
lobbying.
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9 | (c) The following interests shall also be listed by | ||||||
10 | persons listed in
items (a) through (c) and item (e) of | ||||||
11 | Section 4A-101.5:
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12 | (1) The name and instrument of ownership in any | ||||||
13 | entity doing business
with a unit of local government | ||||||
14 | in relation to which the person is
required to file if | ||||||
15 | the ownership interest of the person filing is greater
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16 | than $5,000 fair market value as of the date of filing | ||||||
17 | or if dividends in
excess of $1,200 were received from | ||||||
18 | the entity during the preceding
calendar year. (In the | ||||||
19 | case of real estate, location thereof shall be
listed | ||||||
20 | by street address, or if none, then by legal | ||||||
21 | description). No time
or demand deposit in a financial | ||||||
22 | institution, nor any debt instrument need
be listed.
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23 | (2) Except for professional service entities, the | ||||||
24 | name of any entity and
any position held therein from | ||||||
25 | which income in excess of $1,200 was derived
during | ||||||
26 | the preceding calendar year if the entity does |
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1 | business with a
unit of local government in relation | ||||||
2 | to which the person is required to
file. No time or | ||||||
3 | demand deposit in a financial institution, nor any | ||||||
4 | debt
instrument need be listed.
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5 | (3) The name of any entity and the nature of the | ||||||
6 | governmental action
requested by any entity which has | ||||||
7 | applied to a unit of local
government
in relation to | ||||||
8 | which the person must file for any license, franchise | ||||||
9 | or
permit for annexation, zoning or rezoning of real | ||||||
10 | estate during the
preceding calendar year if the | ||||||
11 | ownership interest of the person filing is
in excess | ||||||
12 | of $5,000 fair market value at the time of filing or if | ||||||
13 | income or
dividends in excess of $1,200 were received | ||||||
14 | by the person filing from the
entity during the | ||||||
15 | preceding calendar year.
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16 | For the purposes of this Section, the unit of local | ||||||
17 | government in relation to which a person required to file | ||||||
18 | under item (e) of Section 4A-101.5 shall be the unit of local | ||||||
19 | government that contributes to the pension fund of which such | ||||||
20 | person is a member of the board. | ||||||
21 | (Source: P.A. 101-221, eff. 8-9-19.)
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22 | (5 ILCS 420/4A-103) (from Ch. 127, par. 604A-103)
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23 | Sec. 4A-103.
The statement of economic interests required | ||||||
24 | by this Article to be filed
with the Secretary of State or | ||||||
25 | county clerk shall be filled in by
typewriting or hand |
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1 | printing, shall be verified, dated, and signed by the
person | ||||||
2 | making the statement and shall contain substantially the | ||||||
3 | following:
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4 | STATEMENT OF ECONOMIC INTERESTS | ||||||
5 | INSTRUCTIONS: | ||||||
6 | You may find the following documents helpful to you in | ||||||
7 | completing this form: | ||||||
8 | (1) federal income tax returns, including any related | ||||||
9 | schedules, attachments, and forms; and | ||||||
10 | (2) investment and brokerage statements. | ||||||
11 | To complete this form, you do not need to disclose | ||||||
12 | specific amounts or values or report interests relating either | ||||||
13 | to political committees registered with the Illinois State | ||||||
14 | Board of Elections or to political committees, principal | ||||||
15 | campaign committees, or authorized committees registered with | ||||||
16 | the Federal Election Commission. | ||||||
17 | The information you disclose will be available to the | ||||||
18 | public. | ||||||
19 | You must answer all 6 questions. Certain questions will | ||||||
20 | ask you to report any applicable assets or debts held in your | ||||||
21 | name; held jointly with your spouse; or held jointly by you | ||||||
22 | with your minor child. If you have any concerns about whether | ||||||
23 | an interest should be reported, please consult your | ||||||
24 | department's ethics officer, if applicable. |
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1 | Please ensure that the information you provide is complete | ||||||
2 | and accurate. If you need more space than the form allows, | ||||||
3 | please attach additional pages for your response. If you are | ||||||
4 | subject to the State Officials and Employees Ethics Act, your | ||||||
5 | ethics officer must review your statement of economic | ||||||
6 | interests before you file it. Failure to complete the | ||||||
7 | statement in good faith and within the prescribed deadline may | ||||||
8 | subject you to fines, imprisonment, or both. | ||||||
9 | BASIC INFORMATION: | ||||||
10 | Name: ....................................................... | ||||||
11 | Job title: ................................................... | ||||||
12 | Office, department, or agency that requires you to file this | ||||||
13 | form: ........................................................ | ||||||
14 | Other offices, departments, or agencies that require you to | ||||||
15 | file a Statement of Economic Interests form: ................ | ||||||
16 | Full mailing address: ....................................... | ||||||
17 | Preferred e-mail address (optional) ......................... | ||||||
18 | QUESTIONS: | ||||||
19 | 1. If you have any single asset that was worth more than | ||||||
20 | $25,000 as of the end of the preceding calendar year and is | ||||||
21 | held in your name, held jointly by you with your spouse, or | ||||||
22 | held jointly by you with your minor child,
list such assets | ||||||
23 | below. In the case of investment real estate, list the city and | ||||||
24 | state where the investment real estate is located. If you do |
| ||||||||||||||||||||||
| ||||||||||||||||||||||
1 | not have any such assets, list "none" below. | |||||||||||||||||||||
2 | ............................................................. | |||||||||||||||||||||
3 | ............................................................. | |||||||||||||||||||||
4 | ............................................................. | |||||||||||||||||||||
5 | ............................................................. | |||||||||||||||||||||
6 | ............................................................. | |||||||||||||||||||||
7 | 2. Excluding the position for which you are required to | |||||||||||||||||||||
8 | file this form, list the source of any income in excess of | |||||||||||||||||||||
9 | $10,000 in income as reported on your federal income tax | |||||||||||||||||||||
10 | return covering the preceding calendar year, including a | |||||||||||||||||||||
11 | general description of the type of services provided in that | |||||||||||||||||||||
12 | source of income. If you sold an asset that produced more than | |||||||||||||||||||||
13 | $10,000 in capital gains in the preceding calendar year, list | |||||||||||||||||||||
14 | the name of the asset and the transaction date on which the | |||||||||||||||||||||
15 | sale or transfer took place. If you had no other sources of | |||||||||||||||||||||
16 | income exceeding $10,000, list "none" below. | |||||||||||||||||||||
| ||||||||||||||||||||||
22 | 3. Excluding debts incurred on terms available to the | |||||||||||||||||||||
23 | general public, such as mortgages, student loans, and credit | |||||||||||||||||||||
24 | card debts, if you owed any single debt in the preceding | |||||||||||||||||||||
25 | calendar year exceeding $25,000, list the creditor of the debt |
| |||||||
| |||||||
1 | below. If you had no such debts, list "none" below. | ||||||
2 | List the creditor for all applicable debts owed by you, | ||||||
3 | owed jointly by you with your spouse, or owed jointly by you | ||||||
4 | with your minor child. In addition to the types of debts listed | ||||||
5 | above, you do not need to report any debts to or from financial | ||||||
6 | institutions or government agencies, such as debts secured by | ||||||
7 | automobiles, household furniture or appliances, as long as the | ||||||
8 | debt was made on terms available to the general public, debts | ||||||
9 | to members of your family, or debts to or from a political | ||||||
10 | committee registered with the Illinois State Board of | ||||||
11 | Elections or any political committee, principal campaign | ||||||
12 | committee, or authorized committee registered with the Federal | ||||||
13 | Election Commission. | ||||||
14 | ............................................................. | ||||||
15 | ............................................................. | ||||||
16 | ............................................................. | ||||||
17 | ............................................................. | ||||||
18 | 4. Excluding debts owed to you by members of your family or | ||||||
19 | by a political committee, if there is any entity or person who | ||||||
20 | owed any debt to you in the preceding calendar year exceeding | ||||||
21 | $25,000, list the debtor below. If no such debts were owed to | ||||||
22 | you, list "none" below. | ||||||
23 | List the debtor for all applicable debts owed to you, owed | ||||||
24 | jointly to you with your spouse, or owed jointly to you with | ||||||
25 | your minor child. You do not need to report loans made to | ||||||
26 | members of your family or to a political committee registered |
| ||||||||||||||||||
| ||||||||||||||||||
1 | with the Illinois State Board of Elections or any political | |||||||||||||||||
2 | committee, principal campaign committee, or authorized | |||||||||||||||||
3 | committee registered with the Federal Election Commission. | |||||||||||||||||
4 | ............................................................. | |||||||||||||||||
5 | ............................................................. | |||||||||||||||||
6 | ............................................................. | |||||||||||||||||
7 | 5. If you maintain an economic relationship with a | |||||||||||||||||
8 | lobbyist or if a member of your immediate family is known to | |||||||||||||||||
9 | you to be a lobbyist registered with any unit of government in | |||||||||||||||||
10 | the State of Illinois, list the name of the lobbyist below and | |||||||||||||||||
11 | identify the nature of your relationship with the lobbyist. If | |||||||||||||||||
12 | you do not have an economic relationship with a lobbyist, list | |||||||||||||||||
13 | "none" below. | |||||||||||||||||
| ||||||||||||||||||
18 | 6. List the name of any person, organization, or entity | |||||||||||||||||
19 | that was the source of a gift or gifts, or honorarium or | |||||||||||||||||
20 | honoraria, valued singly or in the aggregate in excess of | |||||||||||||||||
21 | $1,000 received during the preceding calendar year. | |||||||||||||||||
22 | ............................................................. | |||||||||||||||||
23 | ............................................................. | |||||||||||||||||
24 | ............................................................. |
| |||||||
| |||||||
1 | VERIFICATION: | ||||||
2 | "I declare that this statement of economic interests | ||||||
3 | (including any attachments) has been examined by me and to the | ||||||
4 | best of my knowledge and belief is a true, correct and complete | ||||||
5 | statement of my economic interests as required by the Illinois | ||||||
6 | Governmental Ethics Act. I understand that the penalty for | ||||||
7 | willfully filing a false or incomplete statement is a fine not | ||||||
8 | to exceed $2,500 or imprisonment in a penal institution other | ||||||
9 | than the penitentiary not to exceed one year, or both fine and | ||||||
10 | imprisonment." | ||||||
11 | Printed Name of Filer ........................................ | ||||||
12 | Date ......................................................... | ||||||
13 | Signature .................................................... | ||||||
14 | If this statement of economic interests requires ethics | ||||||
15 | officer review prior to filing, the applicable ethics officer | ||||||
16 | must complete the following: | ||||||
17 | CERTIFICATION OF ETHICS OFFICER REVIEW: | ||||||
18 | "In accordance with law, as Ethics Officer, I reviewed | ||||||
19 | this statement of economic interests prior to its filing." | ||||||
20 | Printed Name of Ethics Officer ............................... | ||||||
21 | Date ......................................................... | ||||||
22 | Signature .................................................... | ||||||
23 | Preferred e-mail address (optional) ......................... |
| |||||||
| |||||||
1 | STATEMENT OF ECONOMIC INTEREST
| ||||||
2 | (TYPE OR HAND PRINT)
| ||||||
3 |
| ||||||
4 | (name)
| ||||||
5 |
| ||||||
6 | (each office or position of employment for which this
| ||||||
7 | statement is filed)
| ||||||
8 |
| ||||||
9 | (full mailing address)
| ||||||
10 | GENERAL DIRECTIONS:
| ||||||
11 | The interest (if constructively controlled by the person | ||||||
12 | making the
statement) of a spouse or any other party, shall be | ||||||
13 | considered to be the
same as the interest of the person making | ||||||
14 | the statement.
| ||||||
15 | Campaign receipts shall not be included in this statement.
| ||||||
16 | If additional space is needed, please attach supplemental | ||||||
17 | listing.
| ||||||
18 | 1. List the name and instrument of ownership in any entity | ||||||
19 | doing
business in the State of Illinois, in which the | ||||||
20 | ownership interest held by
the person at the date of filing is | ||||||
21 | in excess of $5,000 fair market value
or from which dividends | ||||||
22 | in excess of $1,200 were derived during the
preceding calendar | ||||||
23 | year. (In the case of real estate, location thereof
shall be | ||||||
24 | listed by street address, or if none, then by legal | ||||||
25 | description.)
No time or demand deposit in a financial | ||||||
26 | institution, nor any debt
instrument need be listed.
| ||||||
|
| ||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
6 | 2. List the name, address and type of practice of any | |||||||||||||||||||||
7 | professional
organization in which the person making the | |||||||||||||||||||||
8 | statement was an officer,
director, associate, partner or | |||||||||||||||||||||
9 | proprietor or served in any advisory
capacity, from which | |||||||||||||||||||||
10 | income in excess of $1,200 was derived during the
preceding | |||||||||||||||||||||
11 | calendar year.
| |||||||||||||||||||||
| ||||||||||||||||||||||
16 | 3. List the nature of professional services rendered | |||||||||||||||||||||
17 | (other than to the
State of Illinois) to each entity from which | |||||||||||||||||||||
18 | income exceeding $5,000 was
received for professional services | |||||||||||||||||||||
19 | rendered during the preceding calendar
year by the person | |||||||||||||||||||||
20 | making the statement.
| |||||||||||||||||||||
21 |
| |||||||||||||||||||||
22 |
| |||||||||||||||||||||
23 | 4. List the identity (including the address or legal | |||||||||||||||||||||
24 | description of real
estate) of any capital asset from which a | |||||||||||||||||||||
25 | capital gain of $5,000 or more
was realized during the | |||||||||||||||||||||
26 | preceding calendar year.
|
| ||||||||||||||||||
| ||||||||||||||||||
1 |
| |||||||||||||||||
2 |
| |||||||||||||||||
3 | 5. List the identity of any compensated lobbyist with whom | |||||||||||||||||
4 | the person
making the statement maintains a close economic | |||||||||||||||||
5 | association, including the
name of the lobbyist and specifying | |||||||||||||||||
6 | the legislative matter or matters which
are the object of the | |||||||||||||||||
7 | lobbying activity, and describing the general type of
economic | |||||||||||||||||
8 | activity of the client or principal on whose behalf that | |||||||||||||||||
9 | person is
lobbying.
| |||||||||||||||||
| ||||||||||||||||||
13 | 6. List the name of any entity doing business in the State | |||||||||||||||||
14 | of Illinois
from which income in excess of $1,200 was derived | |||||||||||||||||
15 | during the preceding
calendar year other than for professional | |||||||||||||||||
16 | services and the title or
description of any position held in | |||||||||||||||||
17 | that entity. (In the case of real
estate, location thereof | |||||||||||||||||
18 | shall be listed by street address, or if none,
then by legal | |||||||||||||||||
19 | description). No time or demand deposit in a financial
| |||||||||||||||||
20 | institution nor any debt instrument need be listed.
| |||||||||||||||||
| ||||||||||||||||||
25 | 7. List the name of any unit of government which employed | |||||||||||||||||
26 | the person
making the statement during the preceding calendar |
| |||||||
| |||||||
1 | year other than the unit
or units
of government in relation to | ||||||
2 | which the person is required to file.
| ||||||
3 |
| ||||||
4 |
| ||||||
5 | 8. List the name of any entity from which a gift or gifts, | ||||||
6 | or honorarium
or honoraria, valued singly or in the aggregate | ||||||
7 | in excess of $500, was
received during the preceding calendar | ||||||
8 | year.
| ||||||
9 |
| ||||||
10 | VERIFICATION:
| ||||||
11 | "I declare that this statement of economic interests | ||||||
12 | (including any
accompanying schedules and statements) has been | ||||||
13 | examined by me and to the
best of my knowledge and belief is a | ||||||
14 | true, correct and complete statement
of my economic interests | ||||||
15 | as required by the Illinois Governmental Ethics
Act. I | ||||||
16 | understand that the penalty for willfully filing a false or
| ||||||
17 | incomplete statement shall be a fine not to exceed $1,000 or | ||||||
18 | imprisonment
in a penal institution other than the | ||||||
19 | penitentiary not to exceed one year,
or both fine and | ||||||
20 | imprisonment."
| ||||||
21 | ................ ..........................................
| ||||||
22 | (date of filing) (signature of person making the statement)
| ||||||
23 | (Source: P.A. 95-173, eff. 1-1-08.)
| ||||||
24 | (5 ILCS 420/4A-108) | ||||||
25 | Sec. 4A-108. Internet-based systems of filing. |
| |||||||
| |||||||
1 | (a) Notwithstanding any other provision of this Act or any | ||||||
2 | other law, the Secretary of State and county clerks are | ||||||
3 | authorized to institute an Internet-based system for the | ||||||
4 | filing of statements of economic interests in their offices. | ||||||
5 | With respect to county clerk systems, the determination to | ||||||
6 | institute such a system shall be in the sole discretion of the | ||||||
7 | county clerk and shall meet the requirements set out in this | ||||||
8 | Section. With respect to a Secretary of State system, the | ||||||
9 | determination to institute such a system shall be in the sole | ||||||
10 | discretion of the Secretary of State and shall meet the | ||||||
11 | requirements set out in this Section and those Sections of the | ||||||
12 | State Officials and Employees Ethics Act requiring ethics | ||||||
13 | officer review prior to filing. The system shall be capable of | ||||||
14 | allowing an ethics officer to approve a statement of economic | ||||||
15 | interests and shall include a means to amend a statement of | ||||||
16 | economic interests. When this Section does not modify or | ||||||
17 | remove the requirements set forth elsewhere in this Article, | ||||||
18 | those requirements shall apply to any system of Internet-based | ||||||
19 | filing authorized by this Section. When this Section does | ||||||
20 | modify or remove the requirements set forth elsewhere in this | ||||||
21 | Article, the provisions of this Section shall apply to any | ||||||
22 | system of Internet-based filing authorized by this Section. | ||||||
23 | (b) In any system of Internet-based filing of statements | ||||||
24 | of economic interests instituted by the Secretary of State or | ||||||
25 | a county clerk: | ||||||
26 | (1) Any filing of an Internet-based statement of |
| |||||||
| |||||||
1 | economic interests shall be the equivalent of the filing | ||||||
2 | of a verified, written statement of economic interests as | ||||||
3 | required by Section 4A-101 or 4A-101.5 and the equivalent | ||||||
4 | of the filing of a verified, dated, and signed statement | ||||||
5 | of economic interests as required by Section 4A-103 | ||||||
6 | 4A-104 . | ||||||
7 | (2) The Secretary of State and county clerks who | ||||||
8 | institute a system of Internet-based filing of statements | ||||||
9 | of economic interests shall establish a password-protected | ||||||
10 | website to receive the filings of such statements. A | ||||||
11 | website established under this Section shall set forth and | ||||||
12 | provide a means of responding to the items set forth in | ||||||
13 | Section 4A-103 4A-102 that are required of a person who | ||||||
14 | files a statement of economic interests with that officer. | ||||||
15 | A website established under this Section shall set forth | ||||||
16 | and provide a means of generating a printable receipt page | ||||||
17 | acknowledging filing. | ||||||
18 | (3) The times for the filing of statements of economic | ||||||
19 | interests set forth in Section 4A-105 shall be followed in | ||||||
20 | any system of Internet-based filing of statements of | ||||||
21 | economic interests; provided that a candidate for elective | ||||||
22 | office who is required to file a statement of economic | ||||||
23 | interests in relation to his or her candidacy pursuant to | ||||||
24 | Section 4A-105(a) shall receive a written or printed | ||||||
25 | receipt for his or her filing. | ||||||
26 | A candidate filing for Governor, Lieutenant Governor, |
| |||||||
| |||||||
1 | Attorney General, Secretary of State, Treasurer, | ||||||
2 | Comptroller, State Senate, or State House of | ||||||
3 | Representatives shall not use the Internet to file his or | ||||||
4 | her statement of economic interests, but shall file his or | ||||||
5 | her statement of economic interests in a written or | ||||||
6 | printed form and shall receive a written or printed | ||||||
7 | receipt for his or her filing. Annually, the duly | ||||||
8 | appointed ethics officer for each legislative caucus shall | ||||||
9 | certify to the Secretary of State whether his or her | ||||||
10 | caucus members will file their statements of economic | ||||||
11 | interests electronically or in a written or printed format | ||||||
12 | for that year. If the ethics officer for a caucus | ||||||
13 | certifies that the statements of economic interests shall | ||||||
14 | be written or printed, then members of the General | ||||||
15 | Assembly of that caucus shall not use the Internet to file | ||||||
16 | his or her statement of economic interests, but shall file | ||||||
17 | his or her statement of economic interests in a written or | ||||||
18 | printed form and shall receive a written or printed | ||||||
19 | receipt for his or her filing. If no certification is made | ||||||
20 | by an ethics officer for a legislative caucus, or if a | ||||||
21 | member of the General Assembly is not affiliated with a | ||||||
22 | legislative caucus, then the affected member or members of | ||||||
23 | the General Assembly may file their statements of economic | ||||||
24 | interests using the Internet. | ||||||
25 | (4) In the first year of the implementation of a | ||||||
26 | system of Internet-based filing of statements of economic |
| |||||||
| |||||||
1 | interests, each person required to file such a statement | ||||||
2 | is to be notified in writing of his or her obligation to | ||||||
3 | file his or her statement of economic interests by way of | ||||||
4 | the Internet-based system. If access to the website web | ||||||
5 | site requires a code or password, this information shall | ||||||
6 | be included in the notice prescribed by this paragraph. | ||||||
7 | (5) When a person required to file a statement of | ||||||
8 | economic interests has supplied the Secretary of State or | ||||||
9 | a county clerk, as applicable, with an email address for | ||||||
10 | the purpose of receiving notices under this Article by | ||||||
11 | email, a notice sent by email to the supplied email | ||||||
12 | address shall be the equivalent of a notice sent by first | ||||||
13 | class mail, as set forth in Section 4A-106 or 4A-106.5. A | ||||||
14 | person who has supplied such an email address shall notify | ||||||
15 | the Secretary of State or county clerk, as applicable, | ||||||
16 | when his or her email address changes or if he or she no | ||||||
17 | longer wishes to receive notices by email. | ||||||
18 | (6) If any person who is required to file a statement | ||||||
19 | of economic interests and who has chosen to receive | ||||||
20 | notices by email fails to file his or her statement by May | ||||||
21 | 10, then the Secretary of State or county clerk, as | ||||||
22 | applicable, shall send an additional email notice on that | ||||||
23 | date, informing the person that he or she has not filed and | ||||||
24 | describing the penalties for late filing and failing to | ||||||
25 | file. This notice shall be in addition to other notices | ||||||
26 | provided for in this Article. |
| |||||||
| |||||||
1 | (7) The Secretary of State and each county clerk who | ||||||
2 | institutes a system of Internet-based filing of statements | ||||||
3 | of economic interests may also institute an Internet-based | ||||||
4 | process for the filing of the list of names and addresses | ||||||
5 | of persons required to file statements of economic | ||||||
6 | interests by the chief administrative officers that must | ||||||
7 | file such information with the Secretary of State or | ||||||
8 | county clerk, as applicable, pursuant to Section 4A-106 or | ||||||
9 | 4A-106.5. Whenever the Secretary of State or a county | ||||||
10 | clerk institutes such a system under this paragraph, every | ||||||
11 | chief administrative officer must use the system to file | ||||||
12 | this information. | ||||||
13 | (8) The Secretary of State and any county clerk who | ||||||
14 | institutes a system of Internet-based filing of statements | ||||||
15 | of economic interests shall post the contents of such | ||||||
16 | statements filed with him or her available for inspection | ||||||
17 | and copying on a publicly accessible website. Such | ||||||
18 | postings shall not include the addresses or signatures of | ||||||
19 | the filers.
| ||||||
20 | (Source: P.A. 100-1041, eff. 1-1-19; 101-221, eff. 8-9-19; | ||||||
21 | revised 9-12-19.)
| ||||||
22 | (5 ILCS 420/4A-104 rep.)
| ||||||
23 | Section 10. The Illinois Governmental Ethics Act is | ||||||
24 | amended by repealing Section 4A-104. |
| |||||||
| |||||||
1 | Section 15. The State Officials and Employees Ethics Act | ||||||
2 | is amended by changing Sections 5-40, 5-45, 25-5, 25-10, | ||||||
3 | 25-15, and 25-20 as follows: | ||||||
4 | (5 ILCS 430/5-40)
| ||||||
5 | Sec. 5-40. Fundraising in Sangamon County ; virtual | ||||||
6 | fundraising . Except as provided in this
Section, any | ||||||
7 | executive branch constitutional officer, any candidate for an
| ||||||
8 | executive branch constitutional office, any member of the | ||||||
9 | General Assembly,
any candidate for the General Assembly, any | ||||||
10 | political caucus of the General
Assembly, or any political | ||||||
11 | committee on behalf of any of the foregoing may not
hold a | ||||||
12 | political fundraising function in Sangamon County or a virtual | ||||||
13 | fundraising function on any day the legislature is
in session | ||||||
14 | or the day immediately prior to or immediately after such day | ||||||
15 | (i) during the period beginning February 1 and ending on the | ||||||
16 | later
of the actual adjournment dates
of either house of the | ||||||
17 | spring session and (ii) during fall veto session .
For purposes | ||||||
18 | of this Section, the legislature is not considered to be in
| ||||||
19 | session on a day that is solely a perfunctory session day or on | ||||||
20 | a day when only
a committee is meeting.
| ||||||
21 | During the period beginning June 1 and ending on the first | ||||||
22 | day of fall veto
session each year, this Section does not apply | ||||||
23 | to (i) a member of the General
Assembly whose legislative or | ||||||
24 | representative district is entirely within
Sangamon County or | ||||||
25 | (ii) a candidate for the General Assembly from that
|
| |||||||
| |||||||
1 | legislative or representative district.
| ||||||
2 | (Source: P.A. 96-555, eff. 8-18-09.) | ||||||
3 | (5 ILCS 430/5-45)
| ||||||
4 | Sec. 5-45. Procurement; revolving door prohibition.
| ||||||
5 | (a) No former officer, member, or State employee, or | ||||||
6 | spouse or
immediate family member living with such person, | ||||||
7 | shall, within a period of one
year immediately after | ||||||
8 | termination of State employment, knowingly accept
employment | ||||||
9 | or receive compensation or fees for services from a person or | ||||||
10 | entity
if the officer, member, or State employee, during the | ||||||
11 | year immediately
preceding termination of State employment, | ||||||
12 | participated personally and
substantially in the award of | ||||||
13 | State contracts, or the issuance of State contract change | ||||||
14 | orders, with a cumulative value
of $25,000
or more to the | ||||||
15 | person or entity, or its parent or subsidiary.
| ||||||
16 | (a-5) No officer, member, or spouse or immediate family | ||||||
17 | member living with such person shall, during the officer or | ||||||
18 | member's term in office or within a period of 2 years | ||||||
19 | immediately leaving office, hold an ownership interest, other | ||||||
20 | than a passive interest in a publicly traded company, in any | ||||||
21 | gaming license under the Illinois Gambling Act, the Video | ||||||
22 | Gaming Act, the Illinois Horse Racing Act of 1975, or the | ||||||
23 | Sports Wagering Act. Any member of the General Assembly or | ||||||
24 | spouse or immediate family member living with such person who | ||||||
25 | has an ownership interest, other than a passive interest in a |
| |||||||
| |||||||
1 | publicly traded company, in any gaming license under the | ||||||
2 | Illinois Gambling Act, the Illinois Horse Racing Act of 1975, | ||||||
3 | the Video Gaming Act, or the Sports Wagering Act at the time of | ||||||
4 | the effective date of this amendatory Act of the 101st General | ||||||
5 | Assembly shall divest himself or herself of such ownership | ||||||
6 | within one year after the effective date of this amendatory | ||||||
7 | Act of the 101st General Assembly. No State employee who works | ||||||
8 | for the Illinois Gaming Board or Illinois Racing Board or | ||||||
9 | spouse or immediate family member living with such person | ||||||
10 | shall, during State employment or within a period of 2 years | ||||||
11 | immediately after termination of State employment, hold an | ||||||
12 | ownership interest, other than a passive interest in a | ||||||
13 | publicly traded company, in any gaming license under the | ||||||
14 | Illinois Gambling Act, the Video Gaming Act, the Illinois | ||||||
15 | Horse Racing Act of 1975, or the Sports Wagering Act. | ||||||
16 | (a-10) This subsection (a-10) applies on and after June | ||||||
17 | 25, 2021. No officer, member, or spouse or immediate family | ||||||
18 | member living with such person, shall, during the officer or | ||||||
19 | member's term in office or within a period of 2 years | ||||||
20 | immediately after leaving office, hold an ownership interest, | ||||||
21 | other than a passive interest in a publicly traded company, in | ||||||
22 | any cannabis business establishment which is licensed under | ||||||
23 | the Cannabis Regulation and Tax Act. Any member of the General | ||||||
24 | Assembly or spouse or immediate family member living with such | ||||||
25 | person who has an ownership interest, other than a passive | ||||||
26 | interest in a publicly traded company, in any cannabis |
| |||||||
| |||||||
1 | business establishment which is licensed under the Cannabis | ||||||
2 | Regulation and Tax Act at the time of the effective date of | ||||||
3 | this amendatory Act of the 101st General Assembly shall divest | ||||||
4 | himself or herself of such ownership within one year after the | ||||||
5 | effective date of this amendatory Act of the 101st General | ||||||
6 | Assembly. | ||||||
7 | No State employee who works for any State agency that | ||||||
8 | regulates cannabis business establishment license holders who | ||||||
9 | participated personally and substantially in the award of | ||||||
10 | licenses under the Cannabis Regulation and Tax Act or a spouse | ||||||
11 | or immediate family member living with such person shall, | ||||||
12 | during State employment or within a period of 2 years | ||||||
13 | immediately after termination of State employment, hold an | ||||||
14 | ownership interest, other than a passive interest in a | ||||||
15 | publicly traded company, in any cannabis license under the | ||||||
16 | Cannabis Regulation and Tax Act. | ||||||
17 | (b) No former officer of the executive branch or State | ||||||
18 | employee of the
executive branch with regulatory or
licensing | ||||||
19 | authority, or spouse or immediate family member living with | ||||||
20 | such
person, shall, within a period of one year immediately | ||||||
21 | after termination of
State employment, knowingly accept | ||||||
22 | employment or receive compensation or fees
for services from a | ||||||
23 | person or entity if the officer
or State
employee, during the | ||||||
24 | year immediately preceding
termination of State employment, | ||||||
25 | participated personally and substantially in making a | ||||||
26 | regulatory or licensing decision that
directly applied to the |
| |||||||
| |||||||
1 | person or entity, or its parent or subsidiary.
| ||||||
2 | (c) Within 6 months after the effective date of this | ||||||
3 | amendatory Act of the 96th General Assembly, each executive | ||||||
4 | branch constitutional officer and legislative leader, the | ||||||
5 | Auditor General, and the Joint Committee on Legislative | ||||||
6 | Support Services shall adopt a policy delineating which State | ||||||
7 | positions under his or her jurisdiction and control, by the | ||||||
8 | nature of their duties, may have the authority to participate | ||||||
9 | personally and substantially in the award of State contracts | ||||||
10 | or in regulatory or licensing decisions. The Governor shall | ||||||
11 | adopt such a policy for all State employees of the executive | ||||||
12 | branch not under the jurisdiction and control of any other | ||||||
13 | executive branch constitutional officer.
| ||||||
14 | The policies required under subsection (c) of this Section | ||||||
15 | shall be filed with the appropriate ethics commission | ||||||
16 | established under this Act or, for the Auditor General, with | ||||||
17 | the Office of the Auditor General. | ||||||
18 | (d) Each Inspector General shall have the authority to | ||||||
19 | determine that additional State positions under his or her | ||||||
20 | jurisdiction, not otherwise subject to the policies required | ||||||
21 | by subsection (c) of this Section, are nonetheless subject to | ||||||
22 | the notification requirement of subsection (f) below due to | ||||||
23 | their involvement in the award of State contracts or in | ||||||
24 | regulatory or licensing decisions. | ||||||
25 | (e) The Joint Committee on Legislative Support Services, | ||||||
26 | the Auditor General, and each of the executive branch |
| |||||||
| |||||||
1 | constitutional officers and legislative leaders subject to | ||||||
2 | subsection (c) of this Section shall provide written | ||||||
3 | notification to all employees in positions subject to the | ||||||
4 | policies required by subsection (c) or a determination made | ||||||
5 | under subsection (d): (1) upon hiring, promotion, or transfer | ||||||
6 | into the relevant position; and (2) at the time the employee's | ||||||
7 | duties are changed in such a way as to qualify that employee. | ||||||
8 | An employee receiving notification must certify in writing | ||||||
9 | that the person was advised of the prohibition and the | ||||||
10 | requirement to notify the appropriate Inspector General in | ||||||
11 | subsection (f). | ||||||
12 | (f) Any State employee in a position subject to the | ||||||
13 | policies required by subsection (c) or to a determination | ||||||
14 | under subsection (d), but who does not fall within the | ||||||
15 | prohibition of subsection (h) below, who is offered non-State | ||||||
16 | employment during State employment or within a period of one | ||||||
17 | year immediately after termination of State employment shall, | ||||||
18 | prior to accepting such non-State employment, notify the | ||||||
19 | appropriate Inspector General. Within 10 calendar days after | ||||||
20 | receiving notification from an employee in a position subject | ||||||
21 | to the policies required by subsection (c), such Inspector | ||||||
22 | General shall make a determination as to whether the State | ||||||
23 | employee is restricted from accepting such employment by | ||||||
24 | subsection (a) or (b). In making a determination, in addition | ||||||
25 | to any other relevant information, an Inspector General shall | ||||||
26 | assess the effect of the prospective employment or |
| |||||||
| |||||||
1 | relationship upon decisions referred to in subsections (a) and | ||||||
2 | (b), based on the totality of the participation by the former | ||||||
3 | officer, member, or State employee in those decisions. A | ||||||
4 | determination by an Inspector General must be in writing, | ||||||
5 | signed and dated by the Inspector General, and delivered to | ||||||
6 | the subject of the determination within 10 calendar days or | ||||||
7 | the person is deemed eligible for the employment opportunity. | ||||||
8 | For purposes of this subsection, "appropriate Inspector | ||||||
9 | General" means (i) for members and employees of the | ||||||
10 | legislative branch, the Legislative Inspector General; (ii) | ||||||
11 | for the Auditor General and employees of the Office of the | ||||||
12 | Auditor General, the Inspector General provided for in Section | ||||||
13 | 30-5 of this Act; and (iii) for executive branch officers and | ||||||
14 | employees, the Inspector General having jurisdiction over the | ||||||
15 | officer or employee. Notice of any determination of an | ||||||
16 | Inspector General and of any such appeal shall be given to the | ||||||
17 | ultimate jurisdictional authority, the Attorney General, and | ||||||
18 | the Executive Ethics Commission. | ||||||
19 | (g) An Inspector General's determination regarding | ||||||
20 | restrictions under subsection (a) or (b) may be appealed to | ||||||
21 | the appropriate Ethics Commission by the person subject to the | ||||||
22 | decision or the Attorney General no later than the 10th | ||||||
23 | calendar day after the date of the determination. | ||||||
24 | On appeal, the Ethics Commission or Auditor General shall | ||||||
25 | seek, accept, and consider written public comments regarding a | ||||||
26 | determination. In deciding whether to uphold an Inspector |
| |||||||
| |||||||
1 | General's determination, the appropriate Ethics Commission or | ||||||
2 | Auditor General shall assess, in addition to any other | ||||||
3 | relevant information, the effect of the prospective employment | ||||||
4 | or relationship upon the decisions referred to in subsections | ||||||
5 | (a) and (b), based on the totality of the participation by the | ||||||
6 | former officer, member, or State employee in those decisions. | ||||||
7 | The Ethics Commission shall decide whether to uphold an | ||||||
8 | Inspector General's determination within 10 calendar days or | ||||||
9 | the person is deemed eligible for the employment opportunity. | ||||||
10 | (h) The following officers, members, or State employees | ||||||
11 | shall not, within a period of one year immediately after | ||||||
12 | termination of office or State employment, knowingly accept | ||||||
13 | employment or receive compensation or fees for services from a | ||||||
14 | person or entity if the person or entity or its parent or | ||||||
15 | subsidiary, during the year immediately preceding termination | ||||||
16 | of State employment, was a party to a State contract or | ||||||
17 | contracts with a cumulative value of $25,000 or more involving | ||||||
18 | the officer, member, or State employee's State agency, or was | ||||||
19 | the subject of a regulatory or licensing decision involving | ||||||
20 | the officer, member, or State employee's State agency, | ||||||
21 | regardless of whether he or she participated personally and | ||||||
22 | substantially in the award of the State contract or contracts | ||||||
23 | or the making of the regulatory or licensing decision in | ||||||
24 | question: | ||||||
25 | (1) members or officers; | ||||||
26 | (2) members of a commission or board created by the |
| |||||||
| |||||||
1 | Illinois Constitution; | ||||||
2 | (3) persons whose appointment to office is subject to | ||||||
3 | the advice and consent of the Senate; | ||||||
4 | (4) the head of a department, commission, board, | ||||||
5 | division, bureau, authority, or other administrative unit | ||||||
6 | within the government of this State; | ||||||
7 | (5) chief procurement officers, State purchasing | ||||||
8 | officers, and their designees whose duties are directly | ||||||
9 | related to State procurement; | ||||||
10 | (6) chiefs of staff, deputy chiefs of staff, associate | ||||||
11 | chiefs of staff, assistant chiefs of staff, and deputy | ||||||
12 | governors; | ||||||
13 | (7) employees of the Illinois Racing Board; and | ||||||
14 | (8) employees of the Illinois Gaming Board. | ||||||
15 | (h-5) A member may not, within a period of one year after | ||||||
16 | leaving office or within a period of one year after the end of | ||||||
17 | the term of office to which the member was elected, whichever | ||||||
18 | is longer, engage in lobbying with members of the General | ||||||
19 | Assembly, if the member accepts compensation specifically | ||||||
20 | attributable to that lobbying. Nothing in this subsection | ||||||
21 | (h-5) prohibits a member from lobbying without compensation. | ||||||
22 | (i) For the purposes of this Section, with respect to | ||||||
23 | officers or employees of a regional transit board, as defined | ||||||
24 | in this Act, the phrase "person or entity" does not include: | ||||||
25 | (i) the United States government, (ii) the State, (iii) | ||||||
26 | municipalities, as defined under Article VII, Section 1 of the |
| |||||||
| |||||||
1 | Illinois Constitution, (iv) units of local government, as | ||||||
2 | defined under Article VII, Section 1 of the Illinois | ||||||
3 | Constitution, or (v) school districts. | ||||||
4 | (Source: P.A. 101-31, eff. 6-28-19; 101-593, eff. 12-4-19.) | ||||||
5 | (5 ILCS 430/25-5)
| ||||||
6 | Sec. 25-5. Legislative Ethics Commission.
| ||||||
7 | (a) The Legislative Ethics Commission is created.
| ||||||
8 | (b) The Legislative Ethics Commission shall consist of 8
| ||||||
9 | commissioners appointed 2 each by the
President and Minority | ||||||
10 | Leader of the Senate and the Speaker and Minority Leader
of the | ||||||
11 | House of Representatives.
| ||||||
12 | The terms of the initial commissioners shall commence upon | ||||||
13 | qualification.
Each appointing authority shall designate one | ||||||
14 | appointee who
shall serve for a 2-year term running through
| ||||||
15 | June 30, 2005.
Each appointing authority shall designate one | ||||||
16 | appointee who
shall serve for a
4-year term running through | ||||||
17 | June 30, 2007.
The initial appointments shall be made within | ||||||
18 | 60 days
after the effective date of this Act.
| ||||||
19 | After the initial terms, commissioners shall serve for | ||||||
20 | 4-year terms
commencing on July 1 of the year of appointment | ||||||
21 | and running
through June 30 of the fourth following year. | ||||||
22 | Commissioners may be
reappointed to one or more subsequent | ||||||
23 | terms.
| ||||||
24 | Vacancies occurring other than at the end of a term shall | ||||||
25 | be filled
by the appointing authority only for the balance of |
| |||||||
| |||||||
1 | the
term of the commissioner whose office is vacant.
| ||||||
2 | Terms shall run regardless of whether the position is | ||||||
3 | filled.
| ||||||
4 | (c) The appointing authorities shall appoint commissioners | ||||||
5 | from the general public who have experience holding | ||||||
6 | governmental office or employment. A person is not eligible to | ||||||
7 | serve as a commissioner if that person (i) has been convicted | ||||||
8 | of a felony or a crime of dishonesty or moral turpitude; (ii) | ||||||
9 | is, or was within the preceding 10 years, engaged in | ||||||
10 | activities that require registration under the Lobbyist | ||||||
11 | Registration Act; (iii) is related to the appointing | ||||||
12 | authority; (iv) is or has been within the preceding 10 years a | ||||||
13 | State officer, a State employee, or an employee or member of | ||||||
14 | the General Assembly; or (v) holds a partisan elected or | ||||||
15 | political party office, or is otherwise an officer or employee | ||||||
16 | of a political committee or political campaign. The appointing | ||||||
17 | authorities shall appoint commissioners who
have experience | ||||||
18 | holding governmental office or employment and may
appoint | ||||||
19 | commissioners who are members of the General Assembly as well | ||||||
20 | as
commissioners from the general public.
A commissioner who | ||||||
21 | is a member of the General Assembly must recuse himself or
| ||||||
22 | herself from participating in any matter relating to any | ||||||
23 | investigation or
proceeding in which he or she is the subject | ||||||
24 | or is a complainant.
A person is not eligible to
serve as a | ||||||
25 | commissioner if that person (i) has been convicted of a
felony | ||||||
26 | or a crime of dishonesty or moral turpitude, (ii) is, or was
|
| |||||||
| |||||||
1 | within the preceding 12 months, engaged in activities that
| ||||||
2 | require registration under the Lobbyist Registration Act, | ||||||
3 | (iii) is a
relative of the appointing authority, (iv) is a | ||||||
4 | State officer or employee
other than a member of the General | ||||||
5 | Assembly, or (v) is a candidate for statewide office, federal | ||||||
6 | office, or judicial office.
| ||||||
7 | (c-5) If a commissioner is required to recuse himself or | ||||||
8 | herself from participating in a matter as provided in | ||||||
9 | subsection (c), the recusal shall create a temporary vacancy | ||||||
10 | for the limited purpose of consideration of the matter for | ||||||
11 | which the commissioner recused himself or herself, and the | ||||||
12 | appointing authority for the recusing commissioner shall make | ||||||
13 | a temporary appointment to fill the vacancy for consideration | ||||||
14 | of the matter for which the commissioner recused himself or | ||||||
15 | herself. | ||||||
16 | (d) The Legislative Ethics Commission shall have
| ||||||
17 | jurisdiction over current and former members of the General | ||||||
18 | Assembly regarding events occurring during a member's term of | ||||||
19 | office and
current and former State
employees regarding events | ||||||
20 | occurring during any period of employment where the State | ||||||
21 | employee's ultimate jurisdictional authority is
(i) a | ||||||
22 | legislative leader, (ii) the Senate Operations Commission, or | ||||||
23 | (iii) the
Joint Committee on Legislative Support Services. The | ||||||
24 | Legislative Ethics Commission shall have jurisdiction over | ||||||
25 | complainants and respondents in violation of subsection (d) of | ||||||
26 | Section 25-90. The jurisdiction of the
Commission is limited |
| |||||||
| |||||||
1 | to matters arising under this Act and the Illinois | ||||||
2 | Governmental Ethics Act .
| ||||||
3 | An officer or executive branch State employee serving on a | ||||||
4 | legislative branch board or commission remains subject to the | ||||||
5 | jurisdiction of the Executive Ethics Commission and is not | ||||||
6 | subject to the jurisdiction of the Legislative Ethics | ||||||
7 | Commission. | ||||||
8 | (e) The Legislative Ethics Commission must meet, either
in | ||||||
9 | person or by other technological means, monthly or as
often as | ||||||
10 | necessary. At the first meeting of the Legislative
Ethics | ||||||
11 | Commission, the commissioners shall choose from their
number a | ||||||
12 | chairperson and other officers that they deem appropriate.
The | ||||||
13 | terms of officers shall be for 2 years commencing July 1 and
| ||||||
14 | running through June 30 of the second following year. Meetings | ||||||
15 | shall be held at
the call
of the chairperson or any 3 | ||||||
16 | commissioners. Official action by the
Commission shall require | ||||||
17 | the affirmative vote of 5 commissioners, and
a quorum shall | ||||||
18 | consist of 5 commissioners. Commissioners shall receive
no | ||||||
19 | compensation but
may be
reimbursed for their reasonable | ||||||
20 | expenses actually incurred in the
performance of their duties.
| ||||||
21 | (f) No commissioner , other than a commissioner who is a | ||||||
22 | member of the
General
Assembly, or employee of the Legislative
| ||||||
23 | Ethics Commission may during his or her term of appointment or | ||||||
24 | employment:
| ||||||
25 | (1) become a candidate for any elective office;
| ||||||
26 | (2) hold any other elected or appointed public office
|
| |||||||
| |||||||
1 | except for appointments on governmental advisory boards
or | ||||||
2 | study commissions or as otherwise expressly authorized by | ||||||
3 | law;
| ||||||
4 | (3) be actively involved in the affairs of any | ||||||
5 | political party , or political
organization , political | ||||||
6 | committee, or political campaign ; or
| ||||||
7 | (4) advocate for the appointment of another person to | ||||||
8 | an appointed or elected office or position or actively | ||||||
9 | participate in any campaign for any
elective office.
| ||||||
10 | (f-5) No commissioner who is a member of the General | ||||||
11 | Assembly may be a candidate for statewide office, federal | ||||||
12 | office, or judicial office. If a commissioner who is a member | ||||||
13 | of the General Assembly files petitions to be a candidate for a | ||||||
14 | statewide office, federal office, or judicial office, he or | ||||||
15 | she shall be deemed to have resigned from his or her position | ||||||
16 | as a commissioner on the date his or her name is certified for | ||||||
17 | the ballot by the State Board of Elections or local election | ||||||
18 | authority and his or her position as a commissioner shall be | ||||||
19 | deemed vacant. Such person may not be reappointed to the | ||||||
20 | Commission during any time he or she is a candidate for | ||||||
21 | statewide office, federal office, or judicial office. | ||||||
22 | (g) An appointing authority may remove a
commissioner only | ||||||
23 | for cause.
| ||||||
24 | (h) The Legislative Ethics Commission shall appoint an
| ||||||
25 | Executive Director subject to the approval of at least 3 of the | ||||||
26 | 4 legislative leaders. The compensation of the Executive |
| |||||||
| |||||||
1 | Director shall
be as determined by the Commission. The | ||||||
2 | Executive Director of the Legislative
Ethics Commission may | ||||||
3 | employ, subject to the approval of at least 3 of the 4 | ||||||
4 | legislative leaders, and determine the
compensation of staff, | ||||||
5 | as appropriations permit.
| ||||||
6 | (i) In consultation with the Legislative Inspector | ||||||
7 | General, the Legislative Ethics Commission may develop | ||||||
8 | comprehensive training for members and employees under its | ||||||
9 | jurisdiction that includes, but is not limited to, sexual | ||||||
10 | harassment, employment discrimination, and workplace civility. | ||||||
11 | The training may be recommended to the ultimate jurisdictional | ||||||
12 | authorities and may be approved by the Commission to satisfy | ||||||
13 | the sexual harassment training required under Section 5-10.5 | ||||||
14 | or be provided in addition to the annual sexual harassment | ||||||
15 | training required under Section 5-10.5. The Commission may | ||||||
16 | seek input from governmental agencies or private entities for | ||||||
17 | guidance in developing such training. | ||||||
18 | (Source: P.A. 100-588, eff. 6-8-18; 101-81, eff. 7-12-19; | ||||||
19 | 101-221, eff. 8-9-19; 101-617, eff. 12-20-19.) | ||||||
20 | (5 ILCS 430/25-10)
| ||||||
21 | Sec. 25-10. Office of Legislative Inspector General.
| ||||||
22 | (a) The independent Office of the Legislative Inspector | ||||||
23 | General is created.
The Office shall be under the direction | ||||||
24 | and supervision of the
Legislative Inspector General and shall | ||||||
25 | be a fully independent office with its
own appropriation.
|
| |||||||
| |||||||
1 | (b) The Legislative Inspector General shall be appointed | ||||||
2 | without regard to
political
affiliation and solely on the | ||||||
3 | basis of integrity and
demonstrated ability.
The Legislative | ||||||
4 | Ethics
Commission shall diligently search out qualified | ||||||
5 | candidates for Legislative
Inspector General
and shall make | ||||||
6 | recommendations to the General Assembly. The Legislative | ||||||
7 | Inspector General may serve in a full-time, part-time, or | ||||||
8 | contractual capacity.
| ||||||
9 | The Legislative Inspector General shall be appointed by a | ||||||
10 | joint resolution of
the
Senate and the House of | ||||||
11 | Representatives, which may specify the date on
which the | ||||||
12 | appointment takes effect.
A joint resolution, or other | ||||||
13 | document as may be specified by the
Joint Rules of the General | ||||||
14 | Assembly, appointing the Legislative Inspector
General must be | ||||||
15 | certified by
the Speaker
of the House of Representatives and | ||||||
16 | the President of the Senate as having been
adopted by the
| ||||||
17 | affirmative vote of three-fifths of the members elected to | ||||||
18 | each house,
respectively,
and be filed with the Secretary of | ||||||
19 | State.
The appointment of the Legislative Inspector General | ||||||
20 | takes effect on the day
the
appointment is completed by the | ||||||
21 | General Assembly, unless the appointment
specifies a later | ||||||
22 | date on which it is to become effective.
| ||||||
23 | The Legislative Inspector General shall have the following | ||||||
24 | qualifications:
| ||||||
25 | (1) has not been convicted of any felony under the | ||||||
26 | laws of this State,
another state, or the United States;
|
| |||||||
| |||||||
1 | (2) has earned a baccalaureate degree from an | ||||||
2 | institution of higher
education; and
| ||||||
3 | (3) has 5 or more years of cumulative service (A) with | ||||||
4 | a federal,
State, or
local law enforcement agency, at | ||||||
5 | least 2 years of which have been in a
progressive | ||||||
6 | investigatory capacity; (B)
as a
federal, State, or local | ||||||
7 | prosecutor; (C)
as a
senior manager or executive of a | ||||||
8 | federal, State, or local
agency; (D) as a member, an | ||||||
9 | officer,
or a State
or federal judge; or (E) representing | ||||||
10 | any combination of items (A) through (D).
| ||||||
11 | The Legislative Inspector General may not be a relative of | ||||||
12 | a commissioner.
| ||||||
13 | The term of the initial Legislative Inspector General | ||||||
14 | shall
commence upon qualification and shall run through June | ||||||
15 | 30, 2008.
| ||||||
16 | After the initial term, the Legislative Inspector General | ||||||
17 | shall serve
for 5-year terms commencing on July 1 of the year | ||||||
18 | of appointment
and running through June 30 of the fifth | ||||||
19 | following year. The
Legislative Inspector General may be | ||||||
20 | reappointed to one or more
subsequent terms. Terms shall run | ||||||
21 | regardless of whether the position is filled.
| ||||||
22 | (b-5) A vacancy occurring other than at the end of a term | ||||||
23 | shall be filled in the
same manner as an appointment only for | ||||||
24 | the balance of the term of the
Legislative
Inspector General | ||||||
25 | whose office is vacant. Within 7 days of the Office becoming | ||||||
26 | vacant or receipt of a Legislative Inspector General's |
| |||||||
| |||||||
1 | prospective resignation, the vacancy shall be publicly posted | ||||||
2 | on the Commission's website, along with a description of the | ||||||
3 | requirements for the position and where applicants may apply. | ||||||
4 | Within 45 days of the vacancy, the Commission shall | ||||||
5 | designate an Acting Legislative Inspector General who shall | ||||||
6 | serve until the vacancy is filled. The Commission shall file | ||||||
7 | the designation in writing with the Secretary of State. | ||||||
8 | Within 60 days prior to the end of the term of the | ||||||
9 | Legislative Inspector General or within 30 days of the | ||||||
10 | occurrence of a vacancy in the Office of the Legislative | ||||||
11 | Inspector General, the Legislative Ethics Commission shall | ||||||
12 | establish a four-member search committee within the Commission | ||||||
13 | for the purpose of conducting a search for qualified | ||||||
14 | candidates to serve as Legislative Inspector General. The | ||||||
15 | Speaker of the House of Representatives, Minority Leader of | ||||||
16 | the House, Senate President, and Minority Leader of the Senate | ||||||
17 | shall each appoint one member to the search committee. A | ||||||
18 | member of the search committee shall be either a retired judge | ||||||
19 | or former prosecutor and may not be a member or employee of the | ||||||
20 | General Assembly or a registered lobbyist. If the Legislative | ||||||
21 | Ethics Commission wishes to recommend that the Legislative | ||||||
22 | Inspector General be re-appointed, a search committee does not | ||||||
23 | need to be appointed. | ||||||
24 | The search committee shall conduct a search for qualified | ||||||
25 | candidates, accept applications, and conduct interviews. The | ||||||
26 | search committee shall recommend up to 3 candidates for |
| |||||||
| |||||||
1 | Legislative Inspector General to the Legislative Ethics | ||||||
2 | Commission. The search committee shall be disbanded upon an | ||||||
3 | appointment of the Legislative Inspector General. Members of | ||||||
4 | the search committee are not entitled to compensation but | ||||||
5 | shall be entitled to reimbursement of reasonable expenses | ||||||
6 | incurred in connection with the performance of their duties. | ||||||
7 | Within 30 days after June 8, 2018 ( the effective date of | ||||||
8 | Public Act 100-588) this amendatory Act of the 100th General | ||||||
9 | Assembly , the Legislative Ethics Commission shall create a | ||||||
10 | search committee in the manner provided for in this subsection | ||||||
11 | to recommend up to 3 candidates for Legislative Inspector | ||||||
12 | General to the Legislative Ethics Commission by October 31, | ||||||
13 | 2018. | ||||||
14 | If a vacancy exists and the Commission has not appointed | ||||||
15 | an Acting Legislative Inspector General, either the staff of | ||||||
16 | the Office of the Legislative Inspector General, or if there | ||||||
17 | is no staff, the Executive Director, shall advise the | ||||||
18 | Commission of all open investigations and any new allegations | ||||||
19 | or complaints received in the Office of the Inspector General. | ||||||
20 | These reports shall not include the name of any person | ||||||
21 | identified in the allegation or complaint, including, but not | ||||||
22 | limited to, the subject of and the person filing the | ||||||
23 | allegation or complaint. Notification shall be made to the | ||||||
24 | Commission on a weekly basis unless the Commission approves of | ||||||
25 | a different reporting schedule.
| ||||||
26 | If the Office of the Inspector General is vacant for 6 |
| |||||||
| |||||||
1 | months or more beginning on or after January 1, 2019, and the | ||||||
2 | Legislative Ethics Commission has not appointed an Acting | ||||||
3 | Legislative Inspector General, all complaints made to the | ||||||
4 | Legislative Inspector General or the Legislative Ethics | ||||||
5 | Commission shall be directed to the Inspector General for the | ||||||
6 | Auditor General, and he or she shall have the authority to act | ||||||
7 | as provided in subsection (c) of this Section and Section | ||||||
8 | 25-20 of this Act, and shall be subject to all laws and rules | ||||||
9 | governing a Legislative Inspector General or Acting | ||||||
10 | Legislative Inspector General. The authority for the Inspector | ||||||
11 | General of the Auditor General under this paragraph shall | ||||||
12 | terminate upon appointment of a Legislative Inspector General | ||||||
13 | or an Acting Legislative Inspector General.
| ||||||
14 | (c) The Legislative Inspector General
shall have | ||||||
15 | jurisdiction over the current and former members of the | ||||||
16 | General Assembly regarding events occurring during a member's | ||||||
17 | term of office and
current and former State employees | ||||||
18 | regarding events occurring during any period of employment | ||||||
19 | where the State employee's ultimate jurisdictional authority | ||||||
20 | is
(i) a legislative leader, (ii) the Senate Operations | ||||||
21 | Commission, or (iii) the
Joint Committee on Legislative | ||||||
22 | Support Services.
| ||||||
23 | The jurisdiction of each Legislative Inspector General is | ||||||
24 | to investigate
allegations of fraud, waste, abuse, | ||||||
25 | mismanagement, misconduct, nonfeasance,
misfeasance, or
| ||||||
26 | malfeasance related to government service or employment , or |
| |||||||
| |||||||
1 | violations of this Act or violations of other related
laws and | ||||||
2 | rules regarding events that are related to a person's | ||||||
3 | government service or employment .
| ||||||
4 | The Legislative Inspector General shall have jurisdiction | ||||||
5 | over complainants in violation of subsection (e) of Section | ||||||
6 | 25-63 of this Act. | ||||||
7 | (d) The compensation of the Legislative Inspector General | ||||||
8 | shall
be the greater of an amount (i) determined (i) by the | ||||||
9 | Commission or (ii) by joint
resolution of the General Assembly | ||||||
10 | passed by a majority of members elected in
each chamber.
| ||||||
11 | Subject to Section 25-45 of this Act, the Legislative | ||||||
12 | Inspector General has
full
authority to organize the Office of | ||||||
13 | the Legislative Inspector General,
including the employment | ||||||
14 | and determination of the compensation of
staff, such as | ||||||
15 | deputies, assistants, and other employees, as
appropriations | ||||||
16 | permit. Employment of staff is subject to the approval of at | ||||||
17 | least 3 of the 4 legislative leaders.
| ||||||
18 | (e) No Legislative Inspector General or employee of the | ||||||
19 | Office of
the Legislative Inspector General may, during his or | ||||||
20 | her term of appointment or
employment:
| ||||||
21 | (1) become a candidate for any elective office;
| ||||||
22 | (2) hold any other elected or appointed public office
| ||||||
23 | except for appointments on governmental advisory boards
or | ||||||
24 | study commissions or as otherwise expressly authorized by | ||||||
25 | law;
| ||||||
26 | (3) be actively involved in the affairs of any |
| |||||||
| |||||||
1 | political party or
political organization; or
| ||||||
2 | (4) actively participate in any campaign for any
| ||||||
3 | elective office.
| ||||||
4 | A full-time Legislative Inspector General shall not engage | ||||||
5 | in the practice of law or any other business, employment, or | ||||||
6 | vocation. | ||||||
7 | In this subsection an appointed public office means a | ||||||
8 | position authorized by
law that is filled by an appointing | ||||||
9 | authority as provided by law and does not
include employment | ||||||
10 | by hiring in the ordinary course of business.
| ||||||
11 | (e-1) No Legislative Inspector General or employee of the | ||||||
12 | Office of the
Legislative Inspector General may, for one year | ||||||
13 | after the termination of his or
her appointment or employment:
| ||||||
14 | (1) become a candidate for any elective office;
| ||||||
15 | (2) hold any elected public office; or
| ||||||
16 | (3) hold any appointed State, county, or local | ||||||
17 | judicial office.
| ||||||
18 | (e-2) The requirements of item (3) of subsection (e-1) may | ||||||
19 | be waived by the
Legislative Ethics Commission.
| ||||||
20 | (f) The Commission may remove the Legislative Inspector | ||||||
21 | General only for
cause. At the time of the removal, the | ||||||
22 | Commission must report to the General
Assembly the | ||||||
23 | justification for the removal.
| ||||||
24 | (Source: P.A. 100-588, eff. 6-8-18; 101-221, eff. 8-9-19; | ||||||
25 | revised 9-12-19.) |
| |||||||
| |||||||
1 | (5 ILCS 430/25-15)
| ||||||
2 | Sec. 25-15. Duties of the Legislative Ethics Commission. | ||||||
3 | In addition to
duties otherwise assigned by law, the | ||||||
4 | Legislative Ethics Commission shall have
the following duties:
| ||||||
5 | (1) To promulgate rules governing the performance of | ||||||
6 | its duties and the
exercise of its powers and governing | ||||||
7 | the investigations of the Legislative
Inspector General ; | ||||||
8 | except that, the Legislative Ethics Commission shall adopt | ||||||
9 | no rule requiring the Legislative Inspector General to | ||||||
10 | seek the Commission's advance approval before commencing | ||||||
11 | any investigation authorized under this Article or issuing | ||||||
12 | a subpoena under this Article. Any existing rule, as of | ||||||
13 | the effective date of this amendatory Act of the 102nd | ||||||
14 | General Assembly, requiring the Legislative Inspector | ||||||
15 | General to seek the Commission's advance approval before | ||||||
16 | commencing any investigation or issuing a subpoena is | ||||||
17 | void . The rules shall be available on the Commission's | ||||||
18 | website and any proposed changes to the rules must be made | ||||||
19 | available to the public on the Commission's website no | ||||||
20 | less than 7 days before the adoption of the changes. Any | ||||||
21 | person shall be given an opportunity to provide written or | ||||||
22 | oral testimony before the Commission in support of or | ||||||
23 | opposition to proposed rules.
| ||||||
24 | (2) To conduct administrative hearings and rule on | ||||||
25 | matters
brought before the Commission only upon the | ||||||
26 | receipt of pleadings
filed by the Legislative Inspector |
| |||||||
| |||||||
1 | General and not upon its own
prerogative, but may appoint | ||||||
2 | special Legislative Inspectors General as provided
in | ||||||
3 | Section 25-21. Any other allegations of misconduct | ||||||
4 | received by the
Commission from a person other than the | ||||||
5 | Legislative Inspector General
shall be referred to the | ||||||
6 | Office of the Legislative Inspector General.
| ||||||
7 | (3) To prepare and publish manuals and guides and, | ||||||
8 | working with
the Office of the Attorney General, oversee
| ||||||
9 | training of employees under its jurisdiction that explains | ||||||
10 | their duties.
| ||||||
11 | (4) To prepare public information materials to | ||||||
12 | facilitate
compliance, implementation, and enforcement of | ||||||
13 | this Act.
| ||||||
14 | (5) To submit reports as required by this Act.
| ||||||
15 | (6) To the extent authorized by this Act, to make | ||||||
16 | rulings, issue
recommendations, and impose administrative | ||||||
17 | fines,
if appropriate,
in
connection with the | ||||||
18 | implementation and interpretation of this Act.
The powers | ||||||
19 | and duties of the
Commission are limited to matters | ||||||
20 | clearly within the purview of this
Act.
| ||||||
21 | (7) To issue subpoenas with respect to matters pending | ||||||
22 | before the Commission ,
subject to the provisions of this | ||||||
23 | Article and in the
discretion of the Commission,
to compel | ||||||
24 | the attendance of witnesses for purposes of testimony and
| ||||||
25 | the production of documents and other items for inspection | ||||||
26 | and
copying.
|
| |||||||
| |||||||
1 | (8) To appoint special Legislative Inspectors General | ||||||
2 | as provided in Section
25-21.
| ||||||
3 | (9) To conspicuously display on the Commission's | ||||||
4 | website the procedures for reporting a violation of this | ||||||
5 | Act, including how to report violations via email or | ||||||
6 | online. | ||||||
7 | (10) To conspicuously display on the Commission's | ||||||
8 | website any vacancies within the Office of the Legislative | ||||||
9 | Inspector General. | ||||||
10 | (11) To appoint an Acting Legislative Inspector | ||||||
11 | General in the event of a vacancy in the Office of the | ||||||
12 | Legislative Inspector General. | ||||||
13 | (Source: P.A. 100-554, eff. 11-16-17; 100-588, eff. 6-8-18.) | ||||||
14 | (5 ILCS 430/25-20)
| ||||||
15 | Sec. 25-20. Duties of the Legislative Inspector
General. | ||||||
16 | In addition to duties otherwise assigned by law,
the | ||||||
17 | Legislative Inspector General shall have the following duties:
| ||||||
18 | (1) To receive and investigate allegations of | ||||||
19 | violations of this
Act. Except as otherwise provided in | ||||||
20 | paragraph (1.5), an investigation may not be initiated
| ||||||
21 | more than one year after the most recent act of the alleged | ||||||
22 | violation or of a
series of alleged violations except | ||||||
23 | where there is reasonable cause to believe
that fraudulent | ||||||
24 | concealment has occurred. To constitute fraudulent | ||||||
25 | concealment
sufficient to toll this limitations period, |
| |||||||
| |||||||
1 | there must be an affirmative act or
representation | ||||||
2 | calculated to prevent discovery of the fact that a | ||||||
3 | violation
has occurred. The
Legislative Inspector General | ||||||
4 | shall have the discretion to determine the
appropriate | ||||||
5 | means of investigation as permitted by law. | ||||||
6 | (1.5) Notwithstanding any provision of law to the | ||||||
7 | contrary, the Legislative Inspector General, whether | ||||||
8 | appointed by the Legislative Ethics Commission or the | ||||||
9 | General Assembly, may initiate an investigation based on | ||||||
10 | information provided to the Office of the Legislative | ||||||
11 | Inspector General or the Legislative Ethics Commission | ||||||
12 | during the period from December 1, 2014 through November | ||||||
13 | 3, 2017. Any investigation initiated under this paragraph | ||||||
14 | (1.5) must be initiated within one year after the | ||||||
15 | effective date of this amendatory Act of the 100th General | ||||||
16 | Assembly.
| ||||||
17 | Notwithstanding any provision of law to the contrary, | ||||||
18 | the Legislative Inspector General, through the Attorney | ||||||
19 | General, shall have the authority to file a complaint | ||||||
20 | related to any founded violations that occurred during the | ||||||
21 | period December 1, 2014 through November 3, 2017 to the | ||||||
22 | Legislative Ethics Commission, and the Commission shall | ||||||
23 | have jurisdiction to conduct administrative hearings | ||||||
24 | related to any pleadings filed by the Legislative | ||||||
25 | Inspector General, provided the complaint is filed with | ||||||
26 | the Commission no later than 6 months after the summary |
| |||||||
| |||||||
1 | report is provided to the Attorney General in accordance | ||||||
2 | with subsection (c) of Section 25-50. | ||||||
3 | (2) To request information relating to an | ||||||
4 | investigation from any
person when the Legislative | ||||||
5 | Inspector General deems that information necessary
in
| ||||||
6 | conducting an investigation.
| ||||||
7 | (3) To issue subpoenas , with the advance approval of | ||||||
8 | the Commission,
to compel the attendance of witnesses for | ||||||
9 | the
purposes of testimony and production of documents and | ||||||
10 | other items for
inspection and copying and to make service | ||||||
11 | of those subpoenas and subpoenas
issued under item (7) of | ||||||
12 | Section 25-15.
| ||||||
13 | (4) To submit reports as required by this Act.
| ||||||
14 | (5) To file
pleadings in the name of
the Legislative | ||||||
15 | Inspector General with the Legislative Ethics
Commission, | ||||||
16 | through the Attorney General, as provided in this Article | ||||||
17 | if the
Attorney General finds that reasonable cause exists | ||||||
18 | to believe that a violation
has
occurred.
| ||||||
19 | (6) To assist and coordinate the ethics officers
for | ||||||
20 | State agencies under the jurisdiction of the
Legislative | ||||||
21 | Inspector General and to work with those ethics officers.
| ||||||
22 | (7) To participate in or conduct, when appropriate, | ||||||
23 | multi-jurisdictional
investigations.
| ||||||
24 | (8) To request, as the Legislative Inspector General | ||||||
25 | deems appropriate,
from ethics officers
of State agencies | ||||||
26 | under his or her jurisdiction, reports or information
on |
| |||||||
| |||||||
1 | (i) the content of a State agency's ethics
training | ||||||
2 | program and (ii) the percentage of new officers and
| ||||||
3 | employees who have completed ethics training.
| ||||||
4 | (9) To establish a policy that ensures the appropriate | ||||||
5 | handling and correct recording of all investigations of | ||||||
6 | allegations and to ensure that the policy is accessible | ||||||
7 | via the Internet in order that those seeking to report | ||||||
8 | those allegations are familiar with the process and that | ||||||
9 | the subjects of those allegations are treated fairly. | ||||||
10 | (10) To post information to the Legislative Inspector | ||||||
11 | General's website explaining to complainants and subjects | ||||||
12 | of an investigation the legal limitations on the | ||||||
13 | Legislative Inspector General's ability to provide | ||||||
14 | information to them and a general overview of the | ||||||
15 | investigation process. | ||||||
16 | (Source: P.A. 100-553, eff. 11-16-17; 100-588, eff. 6-8-18.) | ||||||
17 | Section 20. The Election Code is amended by changing | ||||||
18 | Sections 1A-14, 9-1.8, and 9-8.5 and by adding Section 9-3.5 | ||||||
19 | as follows:
| ||||||
20 | (10 ILCS 5/1A-14) (from Ch. 46, par. 1A-14)
| ||||||
21 | Sec. 1A-14. Political activity by the State Board of | ||||||
22 | Elections. | ||||||
23 | (a) No member of the State Board of Elections may become a | ||||||
24 | candidate
for nomination for, or election to,
or accept |
| |||||||
| |||||||
1 | appointment to or hold any other remunerative public office or | ||||||
2 | public
employment or any office in a political party. | ||||||
3 | (b) No member of the State Board of Elections shall: (1) | ||||||
4 | contribute, either financially or in services or goods or any | ||||||
5 | other way, to any political committee; (2) serve as an officer | ||||||
6 | of any political committee; or (3) be a candidate who is | ||||||
7 | designated as the candidate to be supported by a candidate | ||||||
8 | political committee. A member of the State Board of Elections | ||||||
9 | who is either an officer of a political committee or a | ||||||
10 | candidate who is designated as the candidate to be supported | ||||||
11 | by a candidate political committee shall within 30 days after | ||||||
12 | confirmation by the Senate: (i) resign as an officer of the | ||||||
13 | political committee; (ii) have his or her name removed as the | ||||||
14 | candidate to be supported by a political committee; (iii) | ||||||
15 | notify the Board of the member's intent to convert the | ||||||
16 | political committee to a limited activity committee under | ||||||
17 | Section 9-1.8, and complete the transition to a limited | ||||||
18 | activity committee within 60 days after confirmation; or (iv) | ||||||
19 | dissolve the committee. A member of the State Board of | ||||||
20 | Elections who is in violation of this subsection (b) on the | ||||||
21 | effective date of this amendatory Act of the 102nd General | ||||||
22 | Assembly must come into compliance within 30 days after the | ||||||
23 | effective date of this amendatory Act of the 102nd General | ||||||
24 | Assembly. As used in this Section, "political committee" | ||||||
25 | includes both the meaning provided in Section 9-1.8 of this | ||||||
26 | Code and the meaning provided in 52 U.S.C. 30101. |
| |||||||
| |||||||
1 | (c) Violation of any prohibition
in this Section shall | ||||||
2 | disqualify a member of the Board and a
vacancy is thereby | ||||||
3 | created. A vacancy also exists upon the occurrence of
any of | ||||||
4 | the events enumerated in Section 25-2 of this Act as in the | ||||||
5 | case
of an elective office.
| ||||||
6 | (Source: P.A. 80-1178.)
| ||||||
7 | (10 ILCS 5/9-1.8)
(from Ch. 46, par. 9-1.8)
| ||||||
8 | Sec. 9-1.8. Political committees. | ||||||
9 | (a) "Political committee" includes a candidate political | ||||||
10 | committee, a political party committee, a political action | ||||||
11 | committee, a ballot initiative committee, and an independent | ||||||
12 | expenditure committee. | ||||||
13 | (b) "Candidate political committee" means the candidate | ||||||
14 | himself or herself or any natural person, trust, partnership, | ||||||
15 | corporation, or other organization or group of persons | ||||||
16 | designated by the candidate that accepts contributions or | ||||||
17 | makes expenditures during any 12-month period in an aggregate | ||||||
18 | amount exceeding $5,000 on behalf of the candidate. | ||||||
19 | (c) "Political party committee" means the State central | ||||||
20 | committee of a political party, a county central committee of | ||||||
21 | a political party, a legislative caucus committee, or a | ||||||
22 | committee formed by a ward or township committeeperson of a | ||||||
23 | political party. For purposes of this Article, a "legislative | ||||||
24 | caucus committee" means a committee established for the | ||||||
25 | purpose of electing candidates to the General Assembly by the |
| |||||||
| |||||||
1 | person elected President of the Senate, Minority Leader of the | ||||||
2 | Senate, Speaker of the House of Representatives, Minority | ||||||
3 | Leader of the House of Representatives, or a committee | ||||||
4 | established by 5 or more members of the same caucus of the | ||||||
5 | Senate or 10 or more members of the same caucus of the House of | ||||||
6 | Representatives. | ||||||
7 | (d) "Political action committee" means any natural person, | ||||||
8 | trust, partnership, committee, association, corporation, or | ||||||
9 | other organization or group of persons, other than a | ||||||
10 | candidate, political party, candidate political committee, or | ||||||
11 | political party committee, that accepts contributions or makes | ||||||
12 | expenditures during any 12-month period in an aggregate amount | ||||||
13 | exceeding $5,000 on behalf of or in opposition to a candidate | ||||||
14 | or candidates for public office. "Political action committee" | ||||||
15 | includes any natural person, trust, partnership, committee, | ||||||
16 | association, corporation, or other organization or group of | ||||||
17 | persons, other than a candidate, political party, candidate | ||||||
18 | political committee, or political party committee, that makes | ||||||
19 | electioneering communications during any 12-month period in an | ||||||
20 | aggregate amount exceeding $5,000 related to any candidate or | ||||||
21 | candidates for public office. | ||||||
22 | (e) "Ballot initiative committee" means any natural | ||||||
23 | person, trust, partnership, committee, association, | ||||||
24 | corporation, or other organization or group of persons that | ||||||
25 | accepts contributions or makes expenditures during any | ||||||
26 | 12-month period in an aggregate amount exceeding $5,000 in |
| |||||||
| |||||||
1 | support of or in opposition to any question of public policy to | ||||||
2 | be submitted to the electors. "Ballot initiative committee" | ||||||
3 | includes any natural person, trust, partnership, committee, | ||||||
4 | association, corporation, or other organization or group of | ||||||
5 | persons that makes electioneering communications during any | ||||||
6 | 12-month period in an aggregate amount exceeding $5,000 | ||||||
7 | related to any question of public policy to be submitted to the | ||||||
8 | voters. The $5,000 threshold applies to any contributions or | ||||||
9 | expenditures received or made with the purpose of securing a | ||||||
10 | place on the ballot for, advocating the defeat or passage of, | ||||||
11 | or engaging in electioneering communication regarding the | ||||||
12 | question of public policy, regardless of the method of | ||||||
13 | initiation of the question of public policy and regardless of | ||||||
14 | whether petitions have been circulated or filed with the | ||||||
15 | appropriate office or whether the question has been adopted | ||||||
16 | and certified by the governing body. | ||||||
17 | (f) "Independent expenditure committee" means any trust, | ||||||
18 | partnership, committee, association, corporation, or other | ||||||
19 | organization or group of persons formed for the exclusive
| ||||||
20 | purpose of making independent expenditures during any 12-month | ||||||
21 | period in an aggregate amount exceeding $5,000 in support of | ||||||
22 | or in opposition to (i) the nomination for election, election, | ||||||
23 | retention, or defeat of any public official or candidate or | ||||||
24 | (ii) any question of public policy to be submitted to the | ||||||
25 | electors. "Independent expenditure committee" also includes | ||||||
26 | any trust, partnership, committee, association, corporation, |
| |||||||
| |||||||
1 | or other organization or group of persons that makes | ||||||
2 | electioneering communications that are not made in connection, | ||||||
3 | consultation, or concert with or at the request or suggestion | ||||||
4 | of a public official or candidate, a public official's or | ||||||
5 | candidate's designated political committee or campaign, or an | ||||||
6 | agent or agents of the public official, candidate, or | ||||||
7 | political committee or campaign during any 12-month period in | ||||||
8 | an aggregate amount exceeding $5,000 related to (i) the | ||||||
9 | nomination for election, election, retention, or defeat of any | ||||||
10 | public official or candidate or (ii) any question of public | ||||||
11 | policy to be submitted to the voters. | ||||||
12 | (g) "Limited activity committee" means a political | ||||||
13 | committee for which a person who is nominated to a position | ||||||
14 | that is subject to confirmation by the Senate, including a | ||||||
15 | member of the State Board of Elections, or a person registered | ||||||
16 | as a lobbyist under the Lobbyist Registration Act is either an | ||||||
17 | officer or a candidate the committee has designated to | ||||||
18 | support.
| ||||||
19 | (Source: P.A. 100-1027, eff. 1-1-19 .)
| ||||||
20 | (10 ILCS 5/9-3.5 new) | ||||||
21 | Sec. 9-3.5. Candidate political committee restrictions. | ||||||
22 | (a) A person who is registered as a lobbyist under the | ||||||
23 | Lobbyist Registration Act or who is nominated to a position | ||||||
24 | that is subject to confirmation by the Senate shall not: (1) | ||||||
25 | serve as an officer of a candidate political committee that is |
| |||||||
| |||||||
1 | designated to support or oppose that person as a candidate; or | ||||||
2 | (2) be a candidate who is designated as the candidate to be | ||||||
3 | supported by a candidate political committee. | ||||||
4 | (b) Within 30 days after registering as a lobbyist under | ||||||
5 | the Lobbyist Registration Act or after confirmation by the | ||||||
6 | Senate, the person shall: (1) dissolve the candidate political | ||||||
7 | committee; (2) resign as an officer of the candidate political | ||||||
8 | committee; (3) have his or her name removed as the candidate to | ||||||
9 | be supported by the candidate political committee; or (iv) | ||||||
10 | notify the Board of the person's intent to convert the | ||||||
11 | candidate political committee to a limited activity candidate | ||||||
12 | political committee. | ||||||
13 | (10 ILCS 5/9-8.5) | ||||||
14 | Sec. 9-8.5. Limitations on campaign contributions. | ||||||
15 | (a) It is unlawful for a political committee to accept | ||||||
16 | contributions except as provided in this Section. | ||||||
17 | (b) During an election cycle, a candidate political | ||||||
18 | committee may not accept contributions with an aggregate value | ||||||
19 | over the following: (i) $5,000 from any individual, (ii) | ||||||
20 | $10,000 from any corporation, labor organization, or | ||||||
21 | association, or (iii) $50,000 from a candidate political | ||||||
22 | committee or political action committee. A candidate political | ||||||
23 | committee may accept contributions in any amount from a | ||||||
24 | political party committee except during an election cycle in | ||||||
25 | which the candidate seeks nomination at a primary election. |
| |||||||
| |||||||
1 | During an election cycle in which the candidate seeks | ||||||
2 | nomination at a primary election, a candidate political | ||||||
3 | committee may not accept contributions from political party | ||||||
4 | committees with an aggregate value over the following: (i) | ||||||
5 | $200,000 for a candidate political committee established to | ||||||
6 | support a candidate seeking nomination to statewide office, | ||||||
7 | (ii) $125,000 for a candidate political committee established | ||||||
8 | to support a candidate seeking nomination to the Senate, the | ||||||
9 | Supreme Court or Appellate Court in the First Judicial | ||||||
10 | District, or an office elected by all voters in a county with | ||||||
11 | 1,000,000 or more residents, (iii) $75,000 for a candidate | ||||||
12 | political committee established to support a candidate seeking | ||||||
13 | nomination to the House of Representatives, the Supreme Court | ||||||
14 | or Appellate Court for a Judicial District other than the | ||||||
15 | First Judicial District, an office elected by all voters of a | ||||||
16 | county of fewer than 1,000,000 residents, and municipal and | ||||||
17 | county offices in Cook County other than those elected by all | ||||||
18 | voters of Cook County, and (iv) $50,000 for a candidate | ||||||
19 | political committee established to support the nomination of a | ||||||
20 | candidate to any other office.
A candidate political committee | ||||||
21 | established to elect a candidate to the General Assembly may | ||||||
22 | accept contributions from only one legislative caucus | ||||||
23 | committee. A candidate political committee may not accept | ||||||
24 | contributions from a ballot initiative committee or from an
| ||||||
25 | independent expenditure committee. | ||||||
26 | (c) During an election cycle, a political party committee |
| |||||||
| |||||||
1 | may not accept contributions with an aggregate value over the | ||||||
2 | following: (i) $10,000 from any individual, (ii) $20,000 from | ||||||
3 | any corporation, labor organization, or association, or (iii) | ||||||
4 | $50,000 from a political action committee. A political party | ||||||
5 | committee may accept contributions in any amount from another | ||||||
6 | political party committee or a candidate political committee, | ||||||
7 | except as provided in subsection (c-5). Nothing in this | ||||||
8 | Section shall limit the amounts that may be transferred | ||||||
9 | between a political party committee established under | ||||||
10 | subsection (a) of Section 7-8 of this Code and an affiliated | ||||||
11 | federal political committee established under the Federal | ||||||
12 | Election Code by the same political party. A political party | ||||||
13 | committee may not accept contributions from a ballot | ||||||
14 | initiative committee or from an
independent expenditure | ||||||
15 | committee. A political party committee established by a | ||||||
16 | legislative caucus may not accept contributions from another | ||||||
17 | political party committee established by a legislative caucus. | ||||||
18 | (c-5) During the period beginning on the date candidates | ||||||
19 | may begin circulating petitions for a primary election and | ||||||
20 | ending on the day of the primary election, a political party | ||||||
21 | committee may not accept contributions with an aggregate value | ||||||
22 | over $50,000 from a candidate political committee or political | ||||||
23 | party committee. A political party committee may accept | ||||||
24 | contributions in any amount from a candidate political | ||||||
25 | committee or political party committee if the political party | ||||||
26 | committee receiving the contribution filed a statement of |
| |||||||
| |||||||
1 | nonparticipation in the primary as provided in subsection | ||||||
2 | (c-10). The Task Force on Campaign Finance Reform shall study | ||||||
3 | and make recommendations on the provisions of this subsection | ||||||
4 | to the Governor and General Assembly by September 30, 2012. | ||||||
5 | This subsection becomes inoperative on July 1, 2013 and | ||||||
6 | thereafter no longer applies. | ||||||
7 | (c-10) A political party committee that does not intend to | ||||||
8 | make contributions to candidates to be nominated at a general | ||||||
9 | primary election or consolidated primary election may file a | ||||||
10 | Statement of Nonparticipation in a Primary Election with the | ||||||
11 | Board. The Statement of Nonparticipation shall include a | ||||||
12 | verification signed by the chairperson and treasurer of the | ||||||
13 | committee that (i) the committee will not make contributions | ||||||
14 | or coordinated expenditures in support of or opposition to a | ||||||
15 | candidate or candidates to be nominated at the general primary | ||||||
16 | election or consolidated primary election (select one) to be | ||||||
17 | held on (insert date), (ii) the political party committee may | ||||||
18 | accept unlimited contributions from candidate political | ||||||
19 | committees and political party committees, provided that the | ||||||
20 | political party committee does not make contributions to a | ||||||
21 | candidate or candidates to be nominated at the primary | ||||||
22 | election, and (iii) failure to abide by these requirements | ||||||
23 | shall deem the political party committee in violation of this | ||||||
24 | Article and subject the committee to a fine of no more than | ||||||
25 | 150% of the total contributions or coordinated expenditures | ||||||
26 | made by the committee in violation of this Article. This |
| |||||||
| |||||||
1 | subsection becomes inoperative on July 1, 2013 and thereafter | ||||||
2 | no longer applies. | ||||||
3 | (d) During an election cycle, a political action committee | ||||||
4 | may not accept contributions with an aggregate value over the | ||||||
5 | following: (i) $10,000 from any individual, (ii) $20,000 from | ||||||
6 | any corporation, labor organization, political party | ||||||
7 | committee, or association, or (iii) $50,000 from a political | ||||||
8 | action committee or candidate political committee. A political | ||||||
9 | action committee may not accept contributions from a ballot | ||||||
10 | initiative committee or from an
independent expenditure | ||||||
11 | committee. | ||||||
12 | (e) A ballot initiative committee may accept contributions | ||||||
13 | in any amount from any source, provided that the committee | ||||||
14 | files the document required by Section 9-3 of this Article and | ||||||
15 | files the disclosure reports required by the provisions of | ||||||
16 | this Article. | ||||||
17 | (e-5) An independent expenditure committee may accept | ||||||
18 | contributions in any amount from any source, provided that the | ||||||
19 | committee files the document required by Section 9-3 of this | ||||||
20 | Article and files the disclosure reports required by the | ||||||
21 | provisions of this Article. | ||||||
22 | (e-10) A limited activity committee shall not accept | ||||||
23 | contributions, except that the officer or a candidate the | ||||||
24 | committee has designated to support may contribute personal | ||||||
25 | funds in order to pay for maintenance expenses. A limited | ||||||
26 | activity committee may only make expenditures that are: (1) |
| |||||||
| |||||||
1 | necessary for maintenance of the committee; (2) for rent or | ||||||
2 | lease payments until the end of the lease in effect at the time | ||||||
3 | the officer or candidate is confirmed by the Senate or | ||||||
4 | registered as a lobbyist under the Lobbyist Registration Act; | ||||||
5 | (3) contributions to 501(c)(3) charities; or (4) returning | ||||||
6 | contributions to original contributors. | ||||||
7 | (f) Nothing in this Section shall prohibit a political | ||||||
8 | committee from dividing the proceeds of joint fundraising | ||||||
9 | efforts; provided that no political committee may receive more | ||||||
10 | than the limit from any one contributor, and provided that an | ||||||
11 | independent
expenditure committee may not conduct joint | ||||||
12 | fundraising efforts with a
candidate political committee or a | ||||||
13 | political party committee. | ||||||
14 | (g) On January 1 of each odd-numbered year, the State | ||||||
15 | Board of Elections shall adjust the amounts of the | ||||||
16 | contribution limitations established in this Section for | ||||||
17 | inflation as determined by the Consumer Price Index for All | ||||||
18 | Urban Consumers as issued by the United States Department of | ||||||
19 | Labor and rounded to the nearest $100. The State Board shall | ||||||
20 | publish this information on its official website. | ||||||
21 | (h) Self-funding candidates. If a public official, a | ||||||
22 | candidate, or the public official's or candidate's immediate | ||||||
23 | family contributes or loans to the public official's or | ||||||
24 | candidate's political committee or to other political | ||||||
25 | committees that transfer funds to the public official's or | ||||||
26 | candidate's political committee or makes independent |
| |||||||
| |||||||
1 | expenditures for the benefit of the public official's or | ||||||
2 | candidate's campaign during the 12 months prior to an election | ||||||
3 | in an aggregate amount of more than (i) $250,000 for statewide | ||||||
4 | office or (ii) $100,000 for all other elective offices, then | ||||||
5 | the public official or candidate shall file with the State | ||||||
6 | Board of Elections, within one day, a Notification of | ||||||
7 | Self-funding that shall detail each contribution or loan made | ||||||
8 | by the public official, the candidate, or the public | ||||||
9 | official's or candidate's immediate family. Within 2 business | ||||||
10 | days after the filing of a Notification of Self-funding, the | ||||||
11 | notification shall be posted on the Board's website and the | ||||||
12 | Board shall give official notice of the filing to each | ||||||
13 | candidate for the same office as the public official or | ||||||
14 | candidate making the filing, including the public official or | ||||||
15 | candidate filing the Notification of Self-funding. Notice | ||||||
16 | shall be sent via first class mail to the candidate and the | ||||||
17 | treasurer of the candidate's committee. Notice shall also be | ||||||
18 | sent by e-mail to the candidate and the treasurer of the | ||||||
19 | candidate's committee if the candidate and the treasurer, as | ||||||
20 | applicable, have provided the Board with an e-mail address. | ||||||
21 | Upon posting of the notice on the Board's website, all | ||||||
22 | candidates for that office, including the public official or | ||||||
23 | candidate who filed a Notification of Self-funding, shall be | ||||||
24 | permitted to accept contributions in excess of any | ||||||
25 | contribution limits imposed by subsection (b). If a public | ||||||
26 | official or candidate filed a Notification of Self-funding |
| |||||||
| |||||||
1 | during an election cycle that includes a general primary | ||||||
2 | election or consolidated primary election and that public | ||||||
3 | official or candidate is nominated, all candidates for that | ||||||
4 | office, including the nominee who filed the notification of | ||||||
5 | self-funding, shall be permitted to accept contributions in | ||||||
6 | excess of any contribution limit imposed by subsection (b) for | ||||||
7 | the subsequent election cycle. For the purposes of this | ||||||
8 | subsection, "immediate family" means the spouse, parent, or | ||||||
9 | child of a public official or candidate. | ||||||
10 | (h-5) If a natural person or independent expenditure | ||||||
11 | committee makes independent expenditures in support of or in | ||||||
12 | opposition to the campaign of a particular public official or | ||||||
13 | candidate in an aggregate amount of more than (i) $250,000 for | ||||||
14 | statewide office or (ii) $100,000 for all other elective | ||||||
15 | offices in an election cycle, as reported in a written | ||||||
16 | disclosure filed under subsection (a) of Section 9-8.6 or | ||||||
17 | subsection (e-5) of Section 9-10, then the State Board of | ||||||
18 | Elections shall, within 2 business days after the filing of | ||||||
19 | the disclosure, post the disclosure on the Board's website and | ||||||
20 | give official notice of the disclosure to each candidate for | ||||||
21 | the same office as the public official or candidate for whose | ||||||
22 | benefit or detriment the natural person or independent | ||||||
23 | expenditure committee made independent expenditures. Upon | ||||||
24 | posting of the notice on the Board's website, all candidates | ||||||
25 | for that office in that election, including the public | ||||||
26 | official or candidate for whose benefit or detriment the |
| |||||||
| |||||||
1 | natural person or independent expenditure committee made | ||||||
2 | independent expenditures, shall be permitted to accept | ||||||
3 | contributions in excess of any contribution limits imposed by | ||||||
4 | subsection (b). | ||||||
5 | (h-10) If the State Board of Elections receives | ||||||
6 | notification or determines that a natural person or persons, | ||||||
7 | an independent expenditure committee or committees, or | ||||||
8 | combination thereof has made independent expenditures in | ||||||
9 | support of or in opposition to the campaign of a particular | ||||||
10 | public official or candidate in an aggregate amount of more | ||||||
11 | than (i) $250,000 for statewide office or (ii) $100,000 for | ||||||
12 | all other elective offices in an election cycle, then the | ||||||
13 | Board shall, within 2 business days after discovering the | ||||||
14 | independent expenditures that, in the aggregate, exceed the | ||||||
15 | threshold set forth in (i) and (ii) of this subsection, post | ||||||
16 | notice of this fact on the Board's website and give official | ||||||
17 | notice to each candidate for the same office as the public | ||||||
18 | official or candidate for whose benefit or detriment the | ||||||
19 | independent expenditures were made. Notice shall be sent via | ||||||
20 | first class mail to the candidate and the treasurer of the | ||||||
21 | candidate's committee. Notice shall also be sent by e-mail to | ||||||
22 | the candidate and the treasurer of the candidate's committee | ||||||
23 | if the candidate and the treasurer, as applicable, have | ||||||
24 | provided the Board with an e-mail address. Upon posting of the | ||||||
25 | notice on the Board's website, all candidates of that office | ||||||
26 | in that election, including the public official or candidate |
| |||||||
| |||||||
1 | for whose benefit or detriment the independent expenditures | ||||||
2 | were made, may accept contributions in excess of any | ||||||
3 | contribution limits imposed by subsection (b). | ||||||
4 | (i) For the purposes of this Section, a corporation, labor | ||||||
5 | organization, association, or a political action committee | ||||||
6 | established by a corporation, labor organization, or | ||||||
7 | association may act as a conduit in facilitating the delivery | ||||||
8 | to a political action committee of contributions made through | ||||||
9 | dues, levies, or similar assessments and the political action | ||||||
10 | committee may report the contributions in the aggregate, | ||||||
11 | provided that: (i) contributions made through dues, levies, or | ||||||
12 | similar assessments paid by any natural person, corporation, | ||||||
13 | labor organization, or association in a calendar year may not | ||||||
14 | exceed the limits set forth in this Section; (ii) the | ||||||
15 | corporation, labor organization, association, or a political | ||||||
16 | action committee established by a corporation, labor | ||||||
17 | organization, or association facilitating the delivery of | ||||||
18 | contributions maintains a list of natural persons, | ||||||
19 | corporations, labor organizations, and associations that paid | ||||||
20 | the dues, levies, or similar assessments from which the | ||||||
21 | contributions comprising the aggregate amount derive; and | ||||||
22 | (iii) contributions made through dues, levies, or similar | ||||||
23 | assessments paid by any natural person, corporation, labor | ||||||
24 | organization, or association that exceed $500 in a quarterly | ||||||
25 | reporting period shall be itemized on the committee's | ||||||
26 | quarterly report and may not be reported in the aggregate. A |
| |||||||
| |||||||
1 | political action committee facilitating the delivery of | ||||||
2 | contributions or receiving contributions shall disclose the | ||||||
3 | amount of contributions made through dues delivered or | ||||||
4 | received and the name of the corporation, labor organization, | ||||||
5 | association, or political action committee delivering the | ||||||
6 | contributions, if applicable. On January 1 of each | ||||||
7 | odd-numbered year, the State Board of Elections shall adjust | ||||||
8 | the amounts of the contribution limitations established in | ||||||
9 | this subsection for inflation as determined by the Consumer | ||||||
10 | Price Index for All Urban Consumers as issued by the United | ||||||
11 | States Department of Labor and rounded to the nearest $100. | ||||||
12 | The State Board shall publish this information on its official | ||||||
13 | website. | ||||||
14 | (j) A political committee that receives a contribution or | ||||||
15 | transfer in violation of this Section shall dispose of the | ||||||
16 | contribution or transfer by returning the contribution or | ||||||
17 | transfer, or an amount equal to the contribution or transfer, | ||||||
18 | to the contributor or transferor or donating the contribution | ||||||
19 | or transfer, or an amount equal to the contribution or | ||||||
20 | transfer, to a charity. A contribution or transfer received in | ||||||
21 | violation of this Section that is not disposed of as provided | ||||||
22 | in this subsection within 30 days after the Board sends | ||||||
23 | notification to the political committee of the excess | ||||||
24 | contribution by certified mail shall escheat to the General | ||||||
25 | Revenue Fund and the political committee shall be deemed in | ||||||
26 | violation of this Section and subject to a civil penalty not to |
| |||||||
| |||||||
1 | exceed 150% of the total amount of the contribution. | ||||||
2 | (k) For the purposes of this Section, "statewide office" | ||||||
3 | means the Governor, Lieutenant Governor, Attorney General, | ||||||
4 | Secretary of State, Comptroller, and Treasurer. | ||||||
5 | (l) This Section is repealed if and when the United States | ||||||
6 | Supreme Court invalidates contribution limits on committees | ||||||
7 | formed to assist candidates, political parties, corporations, | ||||||
8 | associations, or labor organizations established by or | ||||||
9 | pursuant to federal law.
| ||||||
10 | (Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.) | ||||||
11 | Section 25. The Lobbyist Registration Act is amended by | ||||||
12 | adding Section 11.4 as follows: | ||||||
13 | (25 ILCS 170/11.4 new) | ||||||
14 | Sec. 11.4. Political activity. No person registered under | ||||||
15 | this Act shall: (1) serve as an officer of a political | ||||||
16 | committee; or (2) be a candidate who is designated as the | ||||||
17 | candidate to be supported by a candidate political committee. | ||||||
18 | A person registered under this Act who is either an officer of | ||||||
19 | a political committee or a candidate who is designated as the | ||||||
20 | candidate to be supported by a candidate political committee | ||||||
21 | shall: (i) resign as an officer of the candidate political | ||||||
22 | committee; (ii) have his or her name removed as the candidate | ||||||
23 | to be supported by a candidate political committee within 30 | ||||||
24 | days after confirmation by the Senate; (iii) notify the State |
| |||||||
| |||||||
1 | Board of Elections of the person's intent to convert the | ||||||
2 | candidate political committee to a limited activity committee | ||||||
3 | pursuant to Section 9-1.8 of the Election Code within 30 days | ||||||
4 | after registering under this Act and complete the transition | ||||||
5 | to a limited activity committee within 60 days after | ||||||
6 | registration; or (iv) dissolve the candidate political | ||||||
7 | committee. A person registered under this Act who is in | ||||||
8 | violation of this Section on the effective date of this | ||||||
9 | amendatory Act of the 102nd General Assembly must come into | ||||||
10 | compliance within 30 days after the effective date of this | ||||||
11 | amendatory Act of the 102nd General Assembly. As used in this | ||||||
12 | Section, "political committee" has the meaning given to that | ||||||
13 | term in Section 9-1.8 of the Election Code in which the person | ||||||
14 | registered under this Act is designated as the candidate to be | ||||||
15 | supported by the candidate political committee under Section | ||||||
16 | 9-2 of the Code. | ||||||
17 | Section 30. The Criminal Code of 2012 is amended by | ||||||
18 | changing Section 33G-3 as follows: | ||||||
19 | (720 ILCS 5/33G-3) | ||||||
20 | (Section scheduled to be repealed on June 11, 2022) | ||||||
21 | Sec. 33G-3. Definitions. As used in this Article: | ||||||
22 | (a) "Another state" means any State of the United States | ||||||
23 | (other than the State of Illinois), or the District of | ||||||
24 | Columbia, or the Commonwealth of Puerto Rico, or any territory |
| |||||||
| |||||||
1 | or possession of the United States, or any political | ||||||
2 | subdivision, or any department, agency, or instrumentality | ||||||
3 | thereof. | ||||||
4 | (b) "Enterprise" includes: | ||||||
5 | (1) any partnership, corporation, association, | ||||||
6 | business or charitable trust, or other legal entity; and | ||||||
7 | (2) any group of individuals or other legal entities, | ||||||
8 | or any combination thereof, associated in fact although | ||||||
9 | not itself a legal entity. An association in fact must be | ||||||
10 | held together by a common purpose of engaging in a course | ||||||
11 | of conduct, and it may be associated together for purposes | ||||||
12 | that are both legal and illegal. An association in fact | ||||||
13 | must: | ||||||
14 | (A) have an ongoing organization or structure, | ||||||
15 | either formal or informal; | ||||||
16 | (B) the various members of the group must function | ||||||
17 | as a continuing unit, even if the group changes | ||||||
18 | membership by gaining or losing members over time; and | ||||||
19 | (C) have an ascertainable structure distinct from | ||||||
20 | that inherent in the conduct of a pattern of predicate | ||||||
21 | activity. | ||||||
22 | As used in this Article, "enterprise" includes licit and | ||||||
23 | illicit enterprises. | ||||||
24 | (c) "Labor organization" includes any organization, labor | ||||||
25 | union, craft union, or any voluntary unincorporated | ||||||
26 | association designed to further the cause of the rights of |
| |||||||
| |||||||
1 | union labor that is constituted for the purpose, in whole or in | ||||||
2 | part, of collective bargaining or of dealing with employers | ||||||
3 | concerning grievances, terms or conditions of employment, or | ||||||
4 | apprenticeships or applications for apprenticeships, or of | ||||||
5 | other mutual aid or protection in connection with employment, | ||||||
6 | including apprenticeships or applications for apprenticeships. | ||||||
7 | (d) "Operation or management" means directing or carrying | ||||||
8 | out the enterprise's affairs and is limited to any person who | ||||||
9 | knowingly serves as a leader, organizer, operator, manager, | ||||||
10 | director, supervisor, financier, advisor, recruiter, supplier, | ||||||
11 | or enforcer of an enterprise in violation of this Article. | ||||||
12 | (e) "Predicate activity" means any act that is a Class 2 | ||||||
13 | felony or higher and constitutes a violation or violations of | ||||||
14 | any of the following provisions of the laws of the State of | ||||||
15 | Illinois (as amended or revised as of the date the activity | ||||||
16 | occurred or, in the instance of a continuing offense, the date | ||||||
17 | that charges under this Article are filed in a particular | ||||||
18 | matter in the State of Illinois) or any act under the law of | ||||||
19 | another jurisdiction for an offense that could be charged as a | ||||||
20 | Class 2 felony or higher in this State: | ||||||
21 | (1) under the Criminal Code of 1961 or the Criminal | ||||||
22 | Code of 2012: 8-1.2 (solicitation of murder for hire), 9-1 | ||||||
23 | (first degree murder), 9-3.3 (drug-induced homicide), 10-1 | ||||||
24 | (kidnapping), 10-2 (aggravated kidnapping), 10-3.1 | ||||||
25 | (aggravated unlawful restraint), 10-4 (forcible | ||||||
26 | detention), 10-5(b)(10) (child abduction), 10-9 |
| |||||||
| |||||||
1 | (trafficking in persons, involuntary servitude, and | ||||||
2 | related offenses), 11-1.20 (criminal sexual assault), | ||||||
3 | 11-1.30 (aggravated criminal sexual assault), 11-1.40 | ||||||
4 | (predatory criminal sexual assault of a child), 11-1.60 | ||||||
5 | (aggravated criminal sexual abuse), 11-6 (indecent | ||||||
6 | solicitation of a child), 11-6.5 (indecent solicitation of | ||||||
7 | an adult), 11-14.3(a)(2)(A) and (a)(2)(B) (promoting | ||||||
8 | prostitution), 11-14.4 (promoting juvenile prostitution), | ||||||
9 | 11-18.1 (patronizing a minor engaged in prostitution; | ||||||
10 | patronizing a juvenile prostitute), 12-3.05 (aggravated | ||||||
11 | battery), 12-6.4 (criminal street gang recruitment), | ||||||
12 | 12-6.5 (compelling organization membership of persons), | ||||||
13 | 12-7.3 (stalking), 12-7.4 (aggravated stalking), 12-7.5 | ||||||
14 | (cyberstalking), 12-11 or 19-6 (home invasion), 12-11.1 or | ||||||
15 | 18-6 (vehicular invasion), 18-1 (robbery; aggravated | ||||||
16 | robbery), 18-2 (armed robbery), 18-3 (vehicular | ||||||
17 | hijacking), 18-4 (aggravated vehicular hijacking), 18-5 | ||||||
18 | (aggravated robbery), 19-1 (burglary), 19-3 (residential | ||||||
19 | burglary), 20-1 (arson; residential arson; place of | ||||||
20 | worship arson), 20-1.1 (aggravated arson), 20-1.2 | ||||||
21 | (residential arson), 20-1.3 (place of worship arson), | ||||||
22 | 24-1.2 (aggravated discharge of a firearm), 24-1.2-5 | ||||||
23 | (aggravated discharge of a machine gun or silencer | ||||||
24 | equipped firearm), 24-1.8 (unlawful possession of a | ||||||
25 | firearm by a street gang member), 24-3.2 (unlawful | ||||||
26 | discharge of firearm projectiles), 24-3.9 (aggravated |
| |||||||
| |||||||
1 | possession of a stolen firearm), 24-3A (gunrunning), 26-5 | ||||||
2 | or 48-1 (dog-fighting), 29D-14.9 (terrorism), 29D-15 | ||||||
3 | (soliciting support for terrorism), 29D-15.1 (causing a | ||||||
4 | catastrophe), 29D-15.2 (possession of a deadly substance), | ||||||
5 | 29D-20 (making a terrorist threat), 29D-25 (falsely making | ||||||
6 | a terrorist threat), 29D-29.9 (material support for | ||||||
7 | terrorism), 29D-35 (hindering prosecution of terrorism), | ||||||
8 | 31A-1.2 (unauthorized contraband in a penal institution), | ||||||
9 | 33-1 (bribery), 33-3 (official misconduct), 33-3.1 | ||||||
10 | (solicitation misconduct (State government)), 33-3.2 | ||||||
11 | (solicitation misconduct (local government)), 33-8 | ||||||
12 | (legislative misconduct), or 33A-3 (armed violence); | ||||||
13 | (2) under the Cannabis Control Act: Sections 5 | ||||||
14 | (manufacture or delivery of cannabis), 5.1 (cannabis | ||||||
15 | trafficking), or 8 (production or possession of cannabis | ||||||
16 | plants), provided the offense either involves more than | ||||||
17 | 500 grams of any substance containing cannabis or involves | ||||||
18 | more than 50 cannabis sativa plants; | ||||||
19 | (3) under the Illinois Controlled Substances Act: | ||||||
20 | Sections 401 (manufacture or delivery of a controlled | ||||||
21 | substance), 401.1 (controlled substance trafficking), 405 | ||||||
22 | (calculated criminal drug conspiracy), or 405.2 (street | ||||||
23 | gang criminal drug conspiracy); or | ||||||
24 | (4) under the Methamphetamine Control and Community | ||||||
25 | Protection Act: Sections 15 (methamphetamine | ||||||
26 | manufacturing), or 55 (methamphetamine delivery). |
| |||||||
| |||||||
1 | (f) "Pattern of predicate activity" means: | ||||||
2 | (1) at least 3 occurrences of predicate activity that | ||||||
3 | are in some way related to each other and that have | ||||||
4 | continuity between them, and that are separate acts. Acts | ||||||
5 | are related to each other if they are not isolated events, | ||||||
6 | including if they have similar purposes, or results, or | ||||||
7 | participants, or victims, or are committed a similar way, | ||||||
8 | or have other similar distinguishing characteristics, or | ||||||
9 | are part of the affairs of the same enterprise. There is | ||||||
10 | continuity between acts if they are ongoing over a | ||||||
11 | substantial period, or if they are part of the regular way | ||||||
12 | some entity does business or conducts its affairs; and | ||||||
13 | (2) which occurs after the effective date of this | ||||||
14 | Article, and the last of which falls within 3 years | ||||||
15 | (excluding any period of imprisonment) after the first | ||||||
16 | occurrence of predicate activity. | ||||||
17 | (g) "Unlawful death" includes the following offenses: | ||||||
18 | under the Code of 1961 or the Criminal Code of 2012: Sections | ||||||
19 | 9-1 (first degree murder) or 9-2 (second degree murder).
| ||||||
20 | (Source: P.A. 97-686, eff. 6-11-12; 97-1150, eff. 1-25-13 .) | ||||||
21 | Section 35. The Code of Criminal Procedure of 1963 is | ||||||
22 | amended by changing Section 108B-3 as follows: | ||||||
23 | (725 ILCS 5/108B-3) (from Ch. 38, par. 108B-3) | ||||||
24 | Sec. 108B-3. Authorization for the interception of private
|
| |||||||
| |||||||
1 | communication. | ||||||
2 | (a) The State's Attorney, or a person
designated in | ||||||
3 | writing or
by law to act for him and to perform his duties | ||||||
4 | during his absence or
disability, may authorize, in writing, | ||||||
5 | an ex parte application to the chief
judge of a court of | ||||||
6 | competent jurisdiction for an order authorizing the
| ||||||
7 | interception of a private communication when no
party has | ||||||
8 | consented to
the interception and (i) the interception may | ||||||
9 | provide evidence of, or may
assist in the apprehension of a | ||||||
10 | person who has committed, is committing or
is about to commit, | ||||||
11 | a violation of Section 8-1(b) (solicitation of murder),
8-1.2 | ||||||
12 | (solicitation of murder for hire), 9-1 (first degree murder), | ||||||
13 | 10-9 (involuntary servitude, involuntary sexual servitude of a | ||||||
14 | minor, or trafficking in persons), paragraph (1), (2), or (3) | ||||||
15 | of subsection (a) of Section 11-14.4 (promoting juvenile | ||||||
16 | prostitution), subdivision (a)(2)(A) or (a)(2)(B) of Section | ||||||
17 | 11-14.3 (promoting prostitution), 11-15.1 (soliciting for a | ||||||
18 | minor engaged in prostitution), 11-16 (pandering), 11-17.1 | ||||||
19 | (keeping a place of juvenile prostitution), 11-18.1 | ||||||
20 | (patronizing a minor engaged in prostitution), 11-19.1 | ||||||
21 | (juvenile pimping and aggravated juvenile pimping), or 29B-1
| ||||||
22 | (money laundering) of the Criminal Code of 1961 or the | ||||||
23 | Criminal Code of 2012,
Section 401, 401.1 (controlled | ||||||
24 | substance
trafficking), 405, 405.1 (criminal drug conspiracy) | ||||||
25 | or 407 of the Illinois
Controlled Substances Act or any | ||||||
26 | Section of the Methamphetamine Control and Community |
| |||||||
| |||||||
1 | Protection Act, a violation of Section 24-2.1, 24-2.2,
24-3,
| ||||||
2 | 24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or subsection | ||||||
3 | 24-1(a)(4), 24-1(a)(6),
24-1(a)(7), 24-1(a)(9), 24-1(a)(10), | ||||||
4 | or 24-1(c) of the Criminal Code of 1961 or the Criminal Code of | ||||||
5 | 2012 , or an offense listed as predicate activity under | ||||||
6 | subsection (e) of Section 33G-3 of the Criminal Code of 1961 or | ||||||
7 | the Criminal Code of 2012,
or conspiracy to commit money | ||||||
8 | laundering or
conspiracy to commit first degree murder; (ii)
| ||||||
9 | in response to a clear and present danger of imminent death or | ||||||
10 | great bodily
harm to persons resulting from: (1) a kidnapping | ||||||
11 | or the holding of a
hostage by force or the threat of the | ||||||
12 | imminent use of force; or (2) the
occupation by force or the | ||||||
13 | threat of the imminent use of force of any
premises, place, | ||||||
14 | vehicle, vessel or aircraft; (iii) to aid an investigation
or | ||||||
15 | prosecution of a civil action brought under the Illinois | ||||||
16 | Streetgang
Terrorism Omnibus Prevention Act when there is | ||||||
17 | probable cause to
believe the
interception of the private | ||||||
18 | communication will
provide evidence that a
streetgang is | ||||||
19 | committing, has committed, or will commit a second or | ||||||
20 | subsequent
gang-related offense or that the interception of | ||||||
21 | the private
communication
will aid in the collection of a | ||||||
22 | judgment entered under that Act; or (iv)
upon
information and | ||||||
23 | belief that a streetgang has committed, is committing, or is
| ||||||
24 | about to commit a felony. | ||||||
25 | (b) The State's Attorney or a person designated in writing | ||||||
26 | or by law to
act for the State's Attorney and to perform his or |
| |||||||
| |||||||
1 | her duties during his or her
absence or disability, may | ||||||
2 | authorize, in writing, an ex parte application to
the chief | ||||||
3 | judge of a circuit court for an order authorizing
the | ||||||
4 | interception of a private communication when no
party has | ||||||
5 | consented to the interception and the interception may provide
| ||||||
6 | evidence of, or may assist in the apprehension of a person who | ||||||
7 | has committed,
is committing or is about to commit, a | ||||||
8 | violation of an offense under Article
29D of the Criminal Code | ||||||
9 | of 1961 or the Criminal Code of 2012. | ||||||
10 | (b-1) Subsection (b) is inoperative on and after January | ||||||
11 | 1, 2005. | ||||||
12 | (b-2) No conversations recorded or monitored pursuant to | ||||||
13 | subsection (b)
shall be made inadmissible in a court of law by | ||||||
14 | virtue of subsection (b-1). | ||||||
15 | (c) As used in this Section, "streetgang" and | ||||||
16 | "gang-related" have the
meanings ascribed to them in Section | ||||||
17 | 10 of the Illinois Streetgang Terrorism
Omnibus Prevention | ||||||
18 | Act. | ||||||
19 | (Source: P.A. 96-710, eff. 1-1-10; 96-1464, eff. 8-20-10; | ||||||
20 | 97-897, eff. 1-1-13; 97-1150, eff. 1-25-13.) | ||||||
21 | Section 40. The Statewide Grand Jury Act is amended by | ||||||
22 | changing Sections 2, 3, and 4 as follows:
| ||||||
23 | (725 ILCS 215/2) (from Ch. 38, par. 1702)
| ||||||
24 | Sec. 2.
(a) County grand juries and State's Attorneys have |
| |||||||
| |||||||
1 | always had
and
shall continue to have primary responsibility | ||||||
2 | for investigating, indicting,
and prosecuting persons who | ||||||
3 | violate the criminal laws of the State of
Illinois. However, | ||||||
4 | in recent years organized terrorist activity directed
against | ||||||
5 | innocent civilians , and certain criminal enterprises , and | ||||||
6 | public corruption have
developed that require investigation, | ||||||
7 | indictment, and prosecution on a
statewide or multicounty | ||||||
8 | level. The criminal enterprises exist
as a result of the
| ||||||
9 | allure of profitability present in narcotic activity, public | ||||||
10 | corruption, the unlawful sale and
transfer of firearms, and | ||||||
11 | streetgang related felonies and organized terrorist
activity | ||||||
12 | is supported by the contribution of money and expert | ||||||
13 | assistance from
geographically diverse sources. In
order to | ||||||
14 | shut off the life blood of terrorism and
weaken or eliminate | ||||||
15 | the criminal enterprises, assets, and
property
used to further | ||||||
16 | these offenses must be frozen, and any profit must be
removed. | ||||||
17 | State
statutes exist that can accomplish that goal. Among them | ||||||
18 | are the offense of
money laundering, violations
of Articles | ||||||
19 | Article 29D , 33, and 33E of the Criminal Code of 1961 or the | ||||||
20 | Criminal Code of 2012, the
Narcotics Profit Forfeiture Act, | ||||||
21 | and gunrunning. Local prosecutors need
investigative personnel | ||||||
22 | and specialized training to attack and eliminate these
| ||||||
23 | profits. In light of the transitory and complex nature of | ||||||
24 | conduct that
constitutes these criminal activities, the many | ||||||
25 | diverse property interests that
may be used, acquired directly | ||||||
26 | or indirectly as a result of these criminal
activities, and |
| |||||||
| |||||||
1 | the many places that illegally obtained property may be
| ||||||
2 | located, it is the purpose of this Act to create a limited, | ||||||
3 | multicounty
Statewide Grand Jury with authority to | ||||||
4 | investigate, indict, and prosecute:
narcotic activity, | ||||||
5 | including cannabis and controlled substance trafficking,
| ||||||
6 | narcotics racketeering, money laundering, violations of the | ||||||
7 | Cannabis
and
Controlled Substances Tax Act, and violations of | ||||||
8 | Articles Article 29D , 33, and 33E of the Criminal
Code of 1961 | ||||||
9 | or the Criminal Code of 2012; public corruption crimes; the | ||||||
10 | unlawful sale and transfer of firearms;
gunrunning; and | ||||||
11 | streetgang related felonies.
| ||||||
12 | (b) A Statewide Grand Jury may also investigate, indict, | ||||||
13 | and prosecute
violations facilitated by the use of a computer | ||||||
14 | of any of
the
following offenses: indecent solicitation of a | ||||||
15 | child, sexual exploitation of a
child, soliciting for a | ||||||
16 | juvenile prostitute, keeping a place of juvenile
prostitution, | ||||||
17 | juvenile pimping, child pornography, aggravated child | ||||||
18 | pornography, or promoting juvenile prostitution except as | ||||||
19 | described in subdivision (a)(4) of Section 11-14.4 of the | ||||||
20 | Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
21 | (Source: P.A. 101-593, eff. 12-4-19.)
| ||||||
22 | (725 ILCS 215/3) (from Ch. 38, par. 1703)
| ||||||
23 | Sec. 3. Written application for the appointment of a | ||||||
24 | Circuit
Judge to convene and preside over a Statewide Grand | ||||||
25 | Jury, with jurisdiction
extending throughout the State, shall |
| |||||||
| |||||||
1 | be made to the Chief Justice of the
Supreme Court. Upon such | ||||||
2 | written application, the Chief Justice of the
Supreme Court | ||||||
3 | shall appoint a Circuit Judge from the circuit where the
| ||||||
4 | Statewide Grand Jury is being sought to be convened, who shall | ||||||
5 | make a
determination that the convening of a Statewide Grand | ||||||
6 | Jury is necessary.
| ||||||
7 | In such application the Attorney General shall state that | ||||||
8 | the convening
of a Statewide Grand Jury is necessary because | ||||||
9 | of an alleged offense or
offenses set forth in this Section | ||||||
10 | involving more than one county of the
State and identifying | ||||||
11 | any such offense alleged; and
| ||||||
12 | (a) that he or she believes that the grand jury | ||||||
13 | function for the
investigation and indictment of the | ||||||
14 | offense or offenses cannot effectively be
performed by a | ||||||
15 | county grand jury together with the reasons for such
| ||||||
16 | belief, and
| ||||||
17 | (b)(1) that each State's Attorney with jurisdiction | ||||||
18 | over an offense
or offenses to be investigated has | ||||||
19 | consented to the impaneling of the
Statewide Grand Jury, | ||||||
20 | or
| ||||||
21 | (2) if one or more of the State's Attorneys having | ||||||
22 | jurisdiction over
an offense or offenses to be | ||||||
23 | investigated fails to consent to the impaneling
of the | ||||||
24 | Statewide Grand Jury, the Attorney General shall set forth | ||||||
25 | good cause
for impaneling the Statewide Grand Jury.
| ||||||
26 | If the Circuit Judge determines that the convening of a |
| |||||||
| |||||||
1 | Statewide Grand
Jury is necessary, he or she shall convene and | ||||||
2 | impanel the Statewide Grand
Jury with jurisdiction extending | ||||||
3 | throughout the State to investigate and
return indictments:
| ||||||
4 | (a) For violations of any of the following or for any | ||||||
5 | other criminal
offense committed in the course of | ||||||
6 | violating any of the following: Article
29D of the | ||||||
7 | Criminal Code of 1961 or the Criminal Code of 2012, the
| ||||||
8 | Illinois Controlled Substances Act, the Cannabis Control | ||||||
9 | Act, the Methamphetamine Control and Community Protection | ||||||
10 | Act, or the Narcotics
Profit Forfeiture Act; a
streetgang | ||||||
11 | related felony offense; Section 24-2.1, 24-2.2, 24-3, | ||||||
12 | 24-3A, 24-3.1,
24-3.3, 24-3.4, 24-4, or 24-5 or subsection | ||||||
13 | 24-1(a)(4), 24-1(a)(6), 24-1(a)(7),
24-1(a)(9), | ||||||
14 | 24-1(a)(10), or 24-1(c) of the Criminal Code of 1961 or | ||||||
15 | the Criminal Code of 2012; or a money
laundering offense; | ||||||
16 | provided that the violation or offense involves acts
| ||||||
17 | occurring in more than one county of this State; and
| ||||||
18 | (a-5) For violations facilitated by the use of a | ||||||
19 | computer, including
the use of the Internet, the World | ||||||
20 | Wide Web, electronic mail, message board,
newsgroup, or | ||||||
21 | any other commercial or noncommercial on-line service, of | ||||||
22 | any of
the following offenses: indecent solicitation of a | ||||||
23 | child, sexual exploitation
of a child, soliciting for a | ||||||
24 | juvenile prostitute, keeping a place of juvenile
| ||||||
25 | prostitution, juvenile pimping, child pornography, | ||||||
26 | aggravated child pornography, or promoting juvenile |
| |||||||
| |||||||
1 | prostitution except as described in subdivision (a)(4) of | ||||||
2 | Section 11-14.4 of the Criminal Code of 1961 or the | ||||||
3 | Criminal Code of 2012; and
| ||||||
4 | (a-6) For violations of offenses involving the
| ||||||
5 | corruption of a public official, including theft, fraud,
| ||||||
6 | extortion or a violation of Article 33 or 33E of the | ||||||
7 | Criminal Code of 1961 or the Criminal Code of 2012; and
| ||||||
8 | (b) For the offenses of perjury, subornation of | ||||||
9 | perjury, communicating
with jurors and witnesses, and | ||||||
10 | harassment of jurors and witnesses, as they
relate to | ||||||
11 | matters before the Statewide Grand Jury.
| ||||||
12 | "Streetgang related" has the meaning ascribed to it in | ||||||
13 | Section 10 of the
Illinois Streetgang Terrorism Omnibus | ||||||
14 | Prevention Act.
| ||||||
15 | Upon written application by the Attorney General for the | ||||||
16 | convening of an
additional Statewide Grand Jury, the Chief | ||||||
17 | Justice of the Supreme Court shall
appoint a Circuit Judge | ||||||
18 | from the circuit for which the additional Statewide
Grand Jury | ||||||
19 | is sought. The Circuit Judge shall determine the necessity for
| ||||||
20 | an additional Statewide Grand Jury in accordance with the | ||||||
21 | provisions of this
Section. No more than 2 Statewide Grand | ||||||
22 | Juries may be empaneled at any time.
| ||||||
23 | (Source: P.A. 101-593, eff. 12-4-19.)
| ||||||
24 | (725 ILCS 215/4) (from Ch. 38, par. 1704)
| ||||||
25 | Sec. 4.
(a) The presiding judge of the Statewide Grand |
| |||||||
| |||||||
1 | Jury will
receive recommendations from the Attorney General as | ||||||
2 | to the county in which
the Grand Jury will sit. Prior to making | ||||||
3 | the recommendations, the Attorney
General shall obtain the | ||||||
4 | permission of the local State's Attorney to use
his or her | ||||||
5 | county for the site of the Statewide Grand Jury. Upon | ||||||
6 | receiving
the Attorney General's recommendations, the | ||||||
7 | presiding judge will choose one
of those recommended locations | ||||||
8 | as the site where the Grand Jury shall sit.
| ||||||
9 | Any indictment by a Statewide Grand Jury shall be returned | ||||||
10 | to the
Circuit Judge presiding over the Statewide Grand Jury | ||||||
11 | and shall include a
finding as to the county or counties in | ||||||
12 | which the alleged offense was
committed. Thereupon, the judge | ||||||
13 | shall, by order, designate the county of
venue for the purpose | ||||||
14 | of trial. The judge may also, by order, direct the
| ||||||
15 | consolidation of an indictment returned by a county grand jury | ||||||
16 | with an
indictment returned by the Statewide Grand Jury and | ||||||
17 | set venue for trial.
| ||||||
18 | (b) Venue for purposes of trial for the offense of | ||||||
19 | narcotics
racketeering shall be proper in any county where:
| ||||||
20 | (1) Cannabis or a controlled substance which is the | ||||||
21 | basis for the charge
of narcotics racketeering was used; | ||||||
22 | acquired; transferred or distributed
to, from or through; | ||||||
23 | or any county where any act was performed to further
the | ||||||
24 | use; acquisition, transfer or distribution of said | ||||||
25 | cannabis or
controlled substance; or
| ||||||
26 | (2) Any money, property, property interest, or any |
| |||||||
| |||||||
1 | other asset generated
by narcotics activities was | ||||||
2 | acquired, used, sold, transferred or
distributed to, from | ||||||
3 | or through; or,
| ||||||
4 | (3) Any enterprise interest obtained as a result of | ||||||
5 | narcotics
racketeering was acquired, used, transferred or | ||||||
6 | distributed to, from or
through, or where any activity was | ||||||
7 | conducted by the enterprise or any
conduct to further the | ||||||
8 | interests of such an enterprise.
| ||||||
9 | (c) Venue for purposes of trial for the offense of money | ||||||
10 | laundering
shall be proper in any county where any part of a | ||||||
11 | financial transaction in
criminally derived property took | ||||||
12 | place, or in any county where any money or
monetary interest | ||||||
13 | which is the basis for the offense, was acquired, used,
sold, | ||||||
14 | transferred or distributed to, from, or through.
| ||||||
15 | (d) A person who commits the offense of cannabis | ||||||
16 | trafficking or
controlled substance trafficking may be tried | ||||||
17 | in any county.
| ||||||
18 | (e) Venue for purposes of trial for any violation of | ||||||
19 | Article 29D of the
Criminal Code of 1961 or the Criminal Code | ||||||
20 | of 2012 may be in the county in which an act of terrorism | ||||||
21 | occurs,
the county in which material support or resources are | ||||||
22 | provided or solicited,
the county in which criminal assistance | ||||||
23 | is rendered, or any county in which any
act in furtherance of | ||||||
24 | any violation of Article 29D of the Criminal Code of 1961 or | ||||||
25 | the Criminal Code of 2012
occurs.
| ||||||
26 | (f) Venue for purposes of trial for any offense
involving |
| |||||||
| |||||||
1 | the corruption of a public official may be in any county in | ||||||
2 | which any portion of the offense occurred. | ||||||
3 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
4 | Section 98. Applicability. The provisions of this | ||||||
5 | amendatory Act of the 102nd General Assembly concerning | ||||||
6 | statements of economic interests shall apply to statements of | ||||||
7 | economic interests filed in 2022 and for each year thereafter. | ||||||
8 | Any statement of economic interests filed prior to 2022 shall | ||||||
9 | apply the law in effect before the effective date of this | ||||||
10 | amendatory Act of the 102nd General Assembly.
| ||||||
11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.".
|